Patna High Court
Iftekhar Khan @ Istekhar KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that, given the civil nature of the dispute and lack of jurisdiction, bail should be granted under its inherent powers.
Summary
The petitioner, Iftekhar Khan, was named in a 2012 complaint alleging cheating, criminal breach of trust and criminal conspiracy (IPC §§406, 420, 120B) for selling a disputed land parcel for Rs. 50,26,000 but failing to deliver possession. The petitioner contended that the land is situated in Ranchi, Jharkhand, and that a related FIR was filed there in 2021, arguing that the Bhagalpur court lacks jurisdiction and that the matter is essentially civil. The State opposed bail, maintaining the criminal nature of the allegations. The High Court observed that the dispute appears primarily civil and that the later FIR underscores the lack of substantive criminal basis in the Bhagalpur complaint. Relying on its inherent powers under Section 482(2) of the BNSS, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail was conditioned on the petitioner’s surrender within four weeks if arrested.
Issues considered
- The Bhagalpur court has jurisdiction to entertain the criminal complaint concerning the alleged land sale.
- Whether the dispute is primarily civil, warranting bail under the inherent powers of the High Court.
- Whether bail should be granted despite the pending complaint under IPC §§406, 420, 120B.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 120B, 406, 420
Subjects
- bail
- jurisdiction
- civil dispute
- criminal complaint
- IPC
- Section 482
- inherent powers
- property dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52959 of 2024
Arising Out of PS. Case No.-2212 Year-2012 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Iftekhar Khan @ Istekhar Khan Son Of Jhalam Khan Village- Soso, Ps-
Pithoria, Dist- Ranchi, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. R.N. Prasad G.S. Angika Devlopment Society Dikshapuram Babupur Mor,
Ps- Sabour, Dist- Bhagalpur Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh
For the Opposite Party/s : Mr. Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 29-01-2026 Heard the parties.
2. The petitioner is named in the complaint case
and apprehending his arrest in connection with Complaint
Case No. 2212 of 2012 registered for the offences
punishable under Sections 406, 420, 120B of IPC.
3. As per complaint petitioner alleged to cheat
complainant as he sold disputed piece of land against
consideration of Rs. 50,26,000/- but after executions of
sale deed the possession of land, in issue, was not given
to the complainant.
Patna High Court CR. MISC. No.52959 of 2024(5) dt.29-01-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner that the property, in issue, is in
Ranchi and with same allegations one FIR was also lodged
in the year 2021 with Ormanjhi police station, which was
registered as Ormanjhi P.S. Case No. 211 of 2021. It is
submitted that to create pressure on imaginary and false
ground that discussion qua sale of property as took place
in Bhagalpur office the present complaint case was filed in
Bhagalpur having otherwise no jurisdiction over the
matter.
5. Arguing further, it is submitted that the
dispute is primarily civil in nature for which after passing
of 9 years FIR was lodged as Ormanjhi P.S. as mentioned
aforesaid.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as primarily dispute between the
parties are civil in nature for which after passing of 9
years a subsequent FIR was lodged with Ormanjhi P.S.,
Patna High Court CR. MISC. No.52959 of 2024(5) dt.29-01-2026
3/3
Ranchi, Jharkhand, 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 J.M. 1 st
Class, Bhagalpur /concerned Court, where the case is
pending in connection with Complaint Case No. 2212 of
2012, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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