Created by Fuzzy Cloud

Patna High Court

Md. Iqbal Khan @ IqbalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, holding that the civil dispute context justified bail, subject to statutory conditions.

Summary

The petitioners, four brothers, sought anticipatory bail in connection with a criminal case (PS Case No. 494 of 2023) alleging forgery of a Hibba deed used to dispute a property mutation. The prosecution alleged that the brothers filed an objection using a forged deed dated 15‑09‑2014 to illegally obtain the property, invoking sections 406, 420, 467 and 468/34 of the Indian Penal Code. The petitioners argued that the dispute was essentially a civil matter involving a pending title suit (T.S. No. 467 of 2022) and that anticipatory bail was necessary to enable their participation in that suit. The Additional Public Prosecutor opposed the bail, contending the seriousness of the alleged offences. The Court, considering the nature of the dispute and the need to allow the petitioners to defend their civil rights, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order required a bail bond of Rs.10,000 with two sureties, compliance with specific conditions, and stipulated cancellation of bail for non‑compliance.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 CrPC (or Section 482 B.N.S.) in a case involving alleged forgery and property dispute?
  • Whether the civil nature of the underlying property dispute warrants the grant of anticipatory bail to the accused?

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • property dispute
  • mutation
  • title suit
  • Section 438
  • Section 482
  • Indian Penal Code
  • civil litigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42473 of 2026
                       Arising Out of PS. Case No.-494 Year-2023 Thana- CIVIL LINE District- Gaya
                 ======================================================
           1.     Md. Iqbal Khan @ Iqbal S/O Late Sitara Khan Resident of Shaheenbagh
                  Abul Fazal Part I, P.S- Jamia Nagar, New Delhi.
           2.    Md. Kamal Khan S/O Late Sitara Khan R/O Mohalla- Aliganj Road No. 14,
                 P.S.- Chandauti, Distt.- Gaya Ji.
           3.    Imran Khan S/O Late Sitara Khan R/O Mohalla- Aliganj Road No. 14, P.S.-
                 Chandauti, Distt.- Gaya Ji.
           4.    Md. Naushad Khan @ Guddu S/O Badruzzama Khan R/O Mohalla- Aliganj
                 Road No. 14, P.S.- Chandauti, Distt.- Gaya Ji.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivendra Prasad, Advocate
                 For the Opposite Party/s :       Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   01-07-2026                        Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Civil Lines P.S. Case No. 494 of 2023, F.I.R

                   dated 05.08.2023 registered for the offences punishable under

                   Sections 406, 420, 467 and 468/34 of the Indian Penal Code /

                   Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, the informant is the

                   owner of a house situated at Mohalla Aliganj, which he received

                   from his sister through oral Hibba on 30.06.2020 and
Patna High Court CR. MISC. No.42473 of 2026(2) dt.01-07-2026
                                            2/4




          subsequently got mutated in his name. It is alleged that the

          accused persons filed an objection in the mutation proceeding

          on the basis of a forged Hibba deed purportedly executed on a

          non-judicial stamp paper dated 15.09.2014. Upon inquiry,

          discrepancies were found regarding the issuance and sale of the

          stamp paper, indicating that the document was forged. The

          objection filed by the accused persons was accordingly rejected.

          It is further alleged that the accused persons prepared and used

          the forged document before the Municipal Corporation with the

          intention to illegally obtain the disputed property.

                      4. Learned counsel for the petitioners submits that the

          core issue, involving in this case, is the dispute related to

          Hibbanama that is issued in favour of these petitioners, which

          is being disputed by the informant and his family members. It

          has next been submitted that there is already a title suit, bearing

          T.S. No. 467 of 2022, pending prior to instituting of the instant

          case.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail in respect of the petitioners.

                       6. Considering the nature of the dispute, which is

          raised in the instant F.I.R. and in order to allow these petitioners

          to participate in the pending title suit and get the issues resolved,
Patna High Court CR. MISC. No.42473 of 2026(2) dt.01-07-2026
                                            3/4




          this Court is inclined to grant the privilege of anticipatory bail to

          these petitioners.

                       7. Let the petitioners, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

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

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned ACJM 1 st, Gaya Ji in connection with

          aforesaid P.S. Case, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

          following conditions:-

                                             (i) one of the bailors should be the
                                  family member/relative/known of the
                                  petitioner(s) who shall provide official
                                  document/personal affidavit to show his/her
                                  bona fide;
                                             (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/her/their bail
                                  bond by the Trial Court itself;
                                             (iii) the petitioner(s) shall in no
                                  way try to induce or promise or threat the
                                  witnesses or tamper with the evidences,
                                  failing which the State shall be at liberty to
                                  take steps for cancellation of the bail bonds;
                                             (iv) the petitioner(s) shall desist
                                  from committing any criminal offence again,
              Patna High Court CR. MISC. No.42473 of 2026(2) dt.01-07-2026
                                                          4/4




                                                failing which the State shall be at liberty to
                                                take steps for cancellation of their bail
                                                bonds.



                                                                             (Ajit Kumar, J)
surya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.