Patna High Court
Md. Iqbal Khan @ IqbalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 406, 420, 467, 468
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
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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
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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,
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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,
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failing which the State shall be at liberty to
take steps for cancellation of their bail
bonds.
(Ajit Kumar, J)
surya/-
U T
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