Patna High Court
Sheikh Ahmad HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is allowed to the petitioners subject to conditions.
Summary
The petitioners, three brothers claiming to be heirs of a landowner, sought anticipatory bail after being implicated in a criminal case alleging they obtained land through forged documents and extorted Rs. 50 lakh. They contended that the land was lawfully acquired via registered sale deeds dating back to 1967, 1983, and a recent deed in 2025, and that the dispute was purely civil. The State opposed the bail, emphasizing the seriousness of the offences under Sections 336(3), 340(2), 318(1), 308(4) and 3(5) of the Bharatiya Nyaya Sanhita. The court examined the nature of the allegations and the petitioners' claim of clean antecedents. Considering the circumstances, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioners be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations of land fraud and extortion.
- Whether the alleged offences under the Bharatiya Nyaya Sanhita warrant denial of bail.
- Whether the dispute is civil in nature, affecting the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 308(4), 318(1), 336(3), 340(2), 3(5)
Subjects
- anticipatory bail
- land dispute
- forged documents
- extortion
- civil suit
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4180 of 2026
Arising Out of PS. Case No.-155 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Sheikh Ahmad Hussain Son of Late Sheikh Hafiz Resident of Kalwari
Majhariya, Police Station - Adapur, District -East Champaran.
2. Sahmat Hussain @ Sheikh Sahmat Son of Late Sheikh Hafiz Resident of
Kalwari Majhariya, Police Station - Adapur, District -East Champaran.
3. Sheikh Janral Son of Late Sheikh Hafiz Resident of Kalwari Majhariya,
Police Station - Adapur, District -East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 336(3), 340(2), 318(1),
308(4), 3(5) of the Bharatiya Nyaya Sanhita.
3. It is alleged that these petitioners along with other
F.I.R. named accused persons got registered the land of
informant through false and fabricated documents and forcibly
occupied his land, house and shop and demanded extortion of
Rs. 50 lacs.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4180 of 2026(2) dt.19-02-2026
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petitioners are innocent and have committed no offence.
Petitioners are heirs of the land owner in question and the same
is in their possession having full ownership, right and title. In
fact, the land in question originally belonged to one Damyanti
Devi who sold the same through a registered sale deed dated
29.06.1967 in favour of late Kailash Raut who sold the land in
question through registered sale deed dated 24.05.1983 to one
Sheikh Hafiz who was father of these petitioners and one
Basdeo Prasad had purchased a portion (14.10 decimal) of the
land in question through registered sale deed dated 19.04.2025
from petitioner no. 1, after paying the consideration amount as
mentioned in the sale deed dated 19.04.2025. Moreover, dispute
involved in this case is with regard to sale and purchase of land
which is purely civil in nature. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
of eight weeks from today, be enlarged on bail on furnishing
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bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of Judicial
Magistrate, 1st Class, Raxaul at Motihari in connection with
Adapur P. S. Case No. 155 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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