Patna High Court
Md. Shamshad Shekh @ Md. ShamshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the matter is essentially a civil dispute and the FIR does not warrant denial of bail.
Summary
The petitioner, Md. Shamshad Sheikh, was named in an FIR for alleged offences including adultery, cheating and other criminal charges under various sections of the Bihar Negotiable Sale Act (BNSS). He contended that prior complaint cases filed by the informant were withdrawn and dismissed, and that the present FIR was a false, after‑thought allegation arising from a civil money dispute for which a suit is pending. The informant’s counsel admitted that the alleged relationship occurred while the informant was married, but maintained the criminal nature of the allegations. The court observed that the allegations primarily indicated an extra‑marital affair and a civil dispute, and noted that similar complaints had already been dismissed. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs. 10,000 and two sureties, invoking Section 482(2) of the BNSS.
Issues considered
- Whether the FIR constitutes a criminal case or merely a civil dispute arising from a money claim.
- Whether the prior dismissal of complaint cases precludes the filing of a new FIR.
- Whether bail can be granted under Section 482(2) of the BNSS in view of the nature of the allegations.
Legislation cited
- Bihar Negotiable Sale Act (BNSS) — s. 115(2), 126(2), 226, 316(2), 318(4), 3(5), 351(2), 351(3), 352, 482(2), 64, 74
Subjects
- bail
- FIR
- adultery
- civil dispute
- Section 482
- Section 226
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33767 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Md. Shamshad Shekh @ Md. Shamshad S/o Mohammad Hakim R/o Village-
Bahrampur, PS- Bochahan, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bochahan
P.S. Case No. 24 of 2026 registered for the offences
punishable under Sections 126(2), 115(2), 64, 74,
316(2), 318(4), 352, 351(2), 351(3), 3(5) of BNS.
3. As per FIR petitioner alleged to establish
physical relationships on several occasions with
informant while her husband was abroad. It is also
alleged that promise of marriage was also made by this
petitioner and on pretext of providing job, the petitioner
alleged to cheat Rs. 10,42,000/- from the informant.
Patna High Court CR. MISC. No.33767 of 2026(2) dt.14-05-2026
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4. It is submitted by learned counsel appearing
on behalf of the petitioner that prior to lodging the FIR a
complaint case was lodged by informant duly supported
by affidavit which was registered as Complaint Case no.
5768 of 2025 before the court of learned CJM,
Muzaffarpur, which was subsequently withdrawn on
28.11.2025. It is submitted that subsequent to
withdrawal of first complaint case, second complaint case
was registered bearing Complaint Case No. 6213 of
2025 before the court of learned CJM, Muzaffapur,
whereafter considering the factual aspects and the legal
ratio as settled in this context, the petition was
dismissed after considering the available merit under
Section 226 of BNSS, and thereafter almost with same
allegation, the present FIR was lodged. It is submitted
that just to make the cause of action an ornamental
allegation was raised that informant was chased by the
uncle of the petitioner namely, on Sabir Sheikh on
20.12.2025. It is submitted that even if that day was
Patna High Court CR. MISC. No.33767 of 2026(2) dt.14-05-2026
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taken as correct the FIR was lodged on 31.01.2026 i.e.,
almost after one and half month, which suggest false
implication as an afterthought.
5. Arguing further, learned counsel for
petitioner submitted that in fact petitioner transferred
money on several occasions to the bank account of the
informant and when he demanded to return the present
false case was lodged. It is submitted that in aforesaid
connection money suit bearing no. 07 of 2026 was filed
before learned Sub-Judge 1st, Muzaffarpur (East) which
is still pending.
6. Learned APP duly assisted by Mr. Dhananjay
Kumar learned counsel for the informant while opposing
the prayer of bail submitted that allegation is specifically
available against this petitioner, however, he fairly
conceded that alleged relationship was established while
subsisting the first marriage of the informant with her
husband.
7. In view of aforesaid factual submission and
Patna High Court CR. MISC. No.33767 of 2026(2) dt.14-05-2026
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by taking note of fact as allegation is prima-facie
maximum of adultery/ extra marital affair, coupled with
the fact that the major part of the dispute suggest civil
dispute in nature for which a suit is pending between the
parties and moreover, with almost similar allegations the
two complaint cases has already been dismissed by
competent court as discussed aforesaid, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of
the learned ACJM 9th Muzaffarpur East /concerned Court,
where the case is pending in connection with Bochahan
P.S. Case No. 24 of 2026, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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