Patna High Court
Md. Mumtaj @ Md. Mumtaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 190, 191(2), 191(3), 305, 324(5), 331(5), 334(2), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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