Patna High Court
Md. Aslam Alam @ Md. AslamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail, subject to a bond of Rs. 10,000 and two sureties, under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Aslam Alam, was named in an FIR for alleged cheating in a land deal and charged under several sections of the BNS. He contended that he was merely a witness to the sale deed and not a beneficiary of the transaction. The prosecution opposed his bail application, noting his involvement in a separate case where he was already on bail. The court examined the factual submissions and observed that prima facie the petitioner was not a beneficiary, merely a witness. Accordingly, the court directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was conditioned on his surrender within four weeks and compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 316(2), 318(4), 338, 336(3) and 3(5) of the BNS
- Whether the petitioner’s role as a witness rather than a beneficiary justifies bail under Section 482(2) of the BNSS
Legislation cited
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
- Bihar Negotiable Sale (BNS) — s. 316(2), 318(4), 336(3), 338, 3(5)
Subjects
- bail
- criminal procedure
- land deal fraud
- witness
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41847 of 2026
Arising Out of PS. Case No.-1130 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Md. Aslam Alam @ Md. Aslam S/o Late Seikh Babul R/o Vill- Garbheli, P.S.-
Muffasil, Distt- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Katihar Town P.S.
Case No. 1130/2025 registered for the offences punishable
under Sections 316(2), 318(4), 338, 336(3) and 3(5) of the BNS.
3. The allegation against petitioner is to indulge in
present occurrence of cheating arising out of land deal along
with other co-accused persons.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is not the beneficiary of
the land deal and his implication appears only for the reason that
he is the witness of the sale-deed. It is pointed out that petitioner
found involved in one more case, which was lodged subsequent
to this case, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.41847 of 2026(2) dt.01-07-2026
2/2
taking note of fact as prima-facie petitioner not appears
beneficiary of the present land deal as he signed the sale-deed as
witness, 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 CJM,
Katihar/concerned Court, where the case is pending in
connection with Katihar Town P.S. Case No. 1130/2025, subject
to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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