Patna High Court
Sohrab Alam @ Sohrab @ SohraoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to conditions restricting any disturbance of the disputed land.
Summary
The petitioners Alim Akhtar and Sohrab Alam applied for anticipatory bail in connection with FIR No. 1481/2024 alleging offences under the Bihar Nagarik Suraksha Act, 2023 relating to a long‑standing land dispute with the informant Birendra Narayan Sharma. The informant claimed that the petitioners, through hired goons, threatened and attempted to seize his land, while the petitioners contended that the allegations were false and stemmed from the title suit they have filed to establish ownership. The court noted that the land dispute is pending before the trial court, which has already imposed a status‑quo, and that anticipatory bail had been previously granted in a related case. Considering the pending civil proceedings and the conditions imposed under Section 438 of the CrPC and Section 482(2) of the BNSS, the court granted anticipatory bail subject to the petitioners not disturbing the disputed land. The bail order required a bond of Rs 10,000 with two sureties and compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482(2) of the Bihar Nagarik Suraksha Act, 2023 in view of the pending land dispute and prior criminal allegations.
- Whether the FIR allegations constitute a ground for arrest despite the existence of parallel civil title suits.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- section 438 CrPC
- section 482 BNSS
- civil title suit
- criminal offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41701 of 2025
Arising Out of PS. Case No.-1481 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Alim Akhtar @ Md. Alim Akhtar S/o- Late Abdul Kayum Moh- Karbigahia
Ps- Jakkanpur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 41859 of 2025
Arising Out of PS. Case No.-1481 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Sohrab Alam @ Sohrab @ Sohrao S/o Aftab Malik Resident of Nayatola,
Phulwarisharif, P.S.- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 41701 of 2025)
For the Petitioner/s : Mr. Uday Prasad, Adv.
For the Opposite Party/s : Mr. Shyameshwar Dayal, App.
(In CRIMINAL MISCELLANEOUS No. 41859 of 2025)
For the Petitioner/s : Mr. Uday Prasad, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, App.
For the Informant : Mr. Birendra Narayan Sharma, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 21-01-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Phulwarisharif Police Station Case No. 1481 of
Patna High Court CR. MISC. No.41701 of 2025(6) dt.21-01-2026
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2024, disclosing offences under Sections 329(3), 318(4), 308(3),
352, 351(2) of the BNS, 2023.
3. The informant, namely Birendra Narayan
Sharma, has alleged in the FIR that on 7th September, 2024, the
labourers of the informant were working on his piece of land
located near Nausa Karbala. The accused persons, namely
Sohrab, Tunnu and 8 to 10 persons, arrived there and stopped
the work forcibly. They were sent by the petitioner Alim Akhtar
and others. On the same day, at around 6 to 10 hours, the
informant received a threatening phone call in which he was
asked to leave the land. On 8 th September, 2024, at about 3 p.m.
the co-accused Asif Hussain and the petitioner Alim Akhtar,
accompanied by 8 to 10 criminals, arrived at the informant's
house and said that land was recorded in the khatian and was
registered in the name of the petitioner and 20 to 25 persons
would forcibly take possession of the land. It has been alleged
that for the last 20 to 25 years, the land mafia and criminals used
to threaten the informant continuously in order to grab the
petitioner's land forcibly.The informant has further alleged that
he can identify Sohrab and Tunnu and can also identify
unknown persons by face. Tabrez Alam alias Nazar who is the
land mafia, is behind the occurrence.
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4. Mr. Jitendra Kumar Bharti, learned counsel for
the petitioners, submits that the petitioners have falsely been
implicated in this case due to land dispute between the parties,
which is going on for a very long period. The informant is a
lawyer and his brother Dharmendra Narayan Sharma is also a
lawyer. Taking advantage of their Profession, the informant and
his brother are disturbing the petitioners and are not allowing
them to visit their land which they got from their maternal
grandfather. The land is situated in plot no. 526, khata no. 339,
having a total area of 89 decimals out of which 5 to 6 katthas
were sold by the informant's mother in 1990s.
5. The petitioner has filed Title Suits No. 501/2024,
Title Suit No. 518/2024, and Title Suit No. 64/2025 for
declaration of title upon the subject land and other lands claimed
by the petitioners. The injunction petition has been filed in all
title suits and in Title Suit No. 501/2024 and Title Suit No.
64/2025, summon has been issued on the injunction petition to
the informant and status quo has been granted by the Trial
Court. The plot no. 526 is subject matter of Title Suit No. 64/
2025. The petitioner/Alim Akhtar alias Md. Alim Akhtar, has
filed cancellation of Jamabandi Case No. 107 of 2024 and
Jamabandi Cancellation Case No. 215 of 2024 in the Court of
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Additional Collector, Patna, against the informant, his father and
his grandmother. Another Jamabandi Cancellation Case No.
1387 has been filed against the brother of the informant,
Dharmendra Narayan Sharma.
6. Learned counsel further submits that in the FIR,
it has only been alleged that while the informant was doing
some work on his land, the co-accused, Sohrab Alam and others,
arrived there and stopped the informant from performing work
upon the subject land at the behest of the petitioner and other
accused persons. Another case bearing Phulwarisharif P.S. Case
No. 1752 of 2024 was lodged by the informant, dated
14.11.2024, registered against the petitioners and others under
Section 308(2), 329(3), 318(4), 352, 351(2)(3) and 3(5) of the
BNS, 2023, in which this Court granted anticipatory bail to the
petitioners vide order dated 12.08.2025 in Cr. Misc. No. 49095
of 2025.
7. Learned counsel further submits that altogether
two criminal cases have been filed by the informant against the
petitioners and this is the second case in which petitioners are
seeking anticipatory bail and in the first case arising out of
Phulwarisharif P.S. Case No. 1752 of 2024, anticipatory bail has
been granted to the petitioner. A third case has been filed by the
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brother of the informant against the petitioners for snatching of
golden chain bearing Phulwarisharif P.S. Case No. 360 of 2025.
8. On the other hand, Mr. Birendra Narayan
Sharma, informant and learned advocate, submits that the
grandfather of the informant and their brothers purchased the
land bearing Khata No. 339, Plot No. 526, from the sons of
Khatiyani Raiyat Dwarka Singh through registered sale deed in
1941, having an area of 89 decimals. A copy of the Khatiyan has
been annexed at Annexure A of the counter affidavit filed by the
informant and sale deed has been annexed at Annexure B. From
perusal of the photocopy of the khatiyan, it would be evident
that Md. Naseer has been shown as the zamindar having right
to realize the rent only from the raiyat.
9. After abolition of zamindari in 1955-56, on the
basis of return submitted by the zamindar in the name of Suraj
Narayan Sharma, grandfather of the informant, and Satya
Narayan Sharma, father of the informant, and Vidya Devi,
informant's mother. LPC has been issued in favor of the
petitioner's mother which is annexed at annexure C, D.
10. Learned counsel further submits that Indian Oil
Corporation paid compensation to the grandfather of the
informant for using the land of the informant at plot no. 526 for
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laying the oil pipeline through the land of the petitioners.
11. The petitioners, on the basis of fake and
fabricated documents with the help of syndicate and land mafia,
is trying to grab the house and land of the informant and with
that motive, a Jamabandi Case No. 107 and 108 has been filed
by the petitioners before the Additional Collector. Petitioners are
having three criminal antecedents. The petitioners have no
connection with the family of the zamindar and on the basis of
fake documents, he is claiming the land in question.
12. In reply, learned counsel for the petitioners
argued that disputed land was the Bakast land of the ancestor of
the petitioner Alim Akhtar, and registered D, Part 4 has been
prepared in the name of the ancestor of the petitioner showing
the land as Bakast land. A Jamabandi was also created in the
name of petitioner’s forefather, vide Mutation Case No. 845B of
1950-51.
13. I have heard learned counsel for the parties and
have gone through the materials available on record.
14. Both the parties are claiming their right, title
and interest upon the subject land and other lands for which
three title suits have been filed by the petitioner Alim Akhtar.
The petitioner no. 1 is claiming his title through his predecessor
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in interest on the basis that the disputed land is a bakast land and
gaimajarua malik and Jamabandi has been created after
abolition of zamindari system in favour of his forefathers. The
informant is claiming the right, title and interest upon the plot
no. 526 and other plots on the basis of registered sale deeds
which were purchased from the raiyat, Zamindar and family of
zamindar before abolition of zamindari at around 1939 to 1941.
15. Considering the aforesaid discussion and the
fact that the longstanding land dispute is there between the
parties for which title suits have been filed by the
petitioner/Alim Akhtar, in which, the informant is a defendant
and the informant has already appeared in the title suit and the
learned Trial Court has granted status quo till the filing of the
show cause, I am inclined to grant the petitioners privilege of
anticipatory bail subject to the condition that the petitioners and
their men shall not create any disturbance upon the disputed
land till the final disposal of the suit.
16. This application is, accordingly, allowed.
17. Let the petitioners, above named, in the event
of their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
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each to the satisfaction of learned District and Additional
Sessions Judge-IV, Patna, in connection with Phulwarisharif
Police Station Case No. 1481 of 2024, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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