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Patna High Court

Md. Mumtaj @ Md. Mumtaz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to bond and sureties, finding the prosecution to be prima facie motivated by the land dispute.

Summary

The petitioners were arrested in connection with a case registered under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging that they attempted to break a wall, committed theft of Rs.40,000 and jewelry, and threatened the informant's family. The petitioners contended that the FIR was a false implication arising from an ongoing land dispute, noting a pending Title Suit No.38 of 2018. The State opposed the bail application, while the petitioners argued that similar cases had been filed by the same informant in the past. The court examined the prima facie nature of the prosecution and concluded that the criminal proceedings appeared to be motivated by the land dispute. Consequently, the court ordered the release of all petitioners on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS.

Issues considered

  • Whether bail should be granted to the petitioners under Section 438(2) CrPC and Section 482(2) BNS given the nature of the offences alleged.
  • Whether the FIR constitutes a false implication arising from a pending land dispute.

Legislation cited

Subjects

  • bail
  • false implication
  • land dispute
  • theft
  • criminal trespass
  • Bhartiya Nyaya Sanhita
  • CrPC
  • Section 438
  • Section 482
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40997 of 2026
                   Arising Out of PS. Case No.-125 Year-2025 Thana- Pachpakdi District- East Champaran
                 ======================================================
           1.     Md. Mumtaj @ Md. Mumtaz Alam, Son of Md. Najir @ Najir Alam,
           2.    Md. Tabrej @ Tabrez @ Md. Tabrez Alam, Son of Md. Najir @ Najir Alam
           3.    Nikhat Khatoon @ Nikhat Begum, Wife of Reyazul Haque @ Sk Reyazul
           4.    Najma Khatoon, Wife of Md. Najir
           5.     Shagufta Khatoon @ Shagufta Begum, Daughter of Imteyazul Haque
                  All are Resident of Village-Gadahiya, P.S.-Pachpakri, District-East
                  Champaran
                                                                           ... ... Petitioners
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranajay Kumar, Advocate
                                                   Mr. Shahid Jawed, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Pachpakri

                   P.S. Case No.125 of 2025 registered under Sections 190,

                   191(2), 191(3), 305, 331(5), 334(2), 352, 351(2), 324(5)

                   Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).

                                3.      As per FIR, the petitioners were alleged to

                   made an attempt to break the wall of the house of informant

                   by using tractor and also after criminal trespass, committing
Patna High Court CR. MISC. No.40997 of 2026(2) dt.25-06-2026
                                            2/3




          theft in the house and took cash of Rs.40,000/- and some

          jewelry, which was kept in box inside the room and further

          threatened the informant and his family members to face the

          dire consequences.

                       4. It is submitted by learned counsel appearing for

          the petitioners that present false implication was raised in

          the background of land dispute between the parties for

          which, a Title Suit No.38 of 2018 is pending before the court

          of learned Sub-Judge, Sikrahna at Dhaka, District-Motihari.

          It is pointed out that the informant is under habit to lodge

          such false criminal cases against petitioners due to land

          dispute. In this context, it is pointed out that petitioner nos.

          1 to 4 found involved in two more criminal cases with same

          informant, whereas petitioner no.5 found involved in one

          more criminal case with the same informant and all such

          criminal cases were lodged due to land dispute, where all

          petitioners are on bail.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as prima facie this criminal prosecution
         Patna High Court CR. MISC. No.40997 of 2026(2) dt.25-06-2026
                                                     3/3




                   appears initiated for the pending land dispute, for which, a

                   title suit is pending before the learned trial court, as

                   discussed        aforesaid,        accordingly,      all   above-named

                   petitioners, in the event of their arrest or surrender in the

                   court below within a period of four weeks, are directed to be

                   released on bail on furnishing bail bond of Rs.10,000/-

                   (Rupees Ten Thousand) each with two sureties of the like

                   amount each to the satisfaction of the learned SDJM,

                   Sikrahna at Dhaka, East Champaran, Motihari in connection

                   with Pachpakri P.S. Case No.125 of 2025, subject to the

                   conditions as laid down under Section 438(2) of the

                   CrPC/under Section 482(2) of the BNSS.


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T


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