Patna High Court
Bibi HazraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Bibi Hazra, Md. Siraj Uddin and Md. Shohrab Raja, sought anticipatory bail fearing arrest in a complaint (No. 264 of 2024) alleging offences under IPC sections 420, 467, 468, 120(B), 504 and 506 for allegedly executing a forged sale deed. They contended that the matter was a civil dispute over land partition, that the criminal complaint was fabricated, and that they have a clean antecedent. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the submissions, noted the possibility of a civil remedy, and applied Section 438(2) of the CrPC together with Section 482(2) of the Bihar Negotiable Securities Act to grant anticipatory bail, imposing conditions such as surety, personal appearance, and verification of antecedents. The order allowed the bail application and stipulated that the bail could be cancelled upon breach of conditions or discovery of concealed criminal history.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
- Whether the complaint constitutes a criminal case or merely a civil dispute over land partition.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 504, 506
Subjects
- anticipatory bail
- forged sale deed
- civil dispute
- criminal colour
- IPC offences
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6359 of 2026
Arising Out of PS. Case No.-264 Year-2024 Thana- COMPLAINT CASE District- Banka
======================================================
1. Bibi Hazra W/o Md. Siraj Uddin R/o vill - Grihst Tola Barari, P.S.- Barari
O.P., Distt.- Bhagalpur
2. Md. Siraj Uddin @ Sheik Siraj Uddin S/o Sekh Sagir R/o vill - Grihst Tola
Barari, P.S.- Barari O.P., Distt.- Bhagalpur
3. Md. Shohrab Raja @ Md. Shohrav son of Md. Siraj Uddin @ Sheik Siraj
Uddin R/o vill - Grihst Tola Barari, P.S.- Barari O.P., Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Yahiya Son of Md.Ibrahim R/o vill - Babura, P.S.- Dhankund, Distt.-
Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Complaint Case No. 264 of 2024 registered for the
offences under Sections 420, 467, 468, 120(B), 504 and 506 of
the I.P.C.
3. As per the prosecution case, the allegation against
the petitioners is that they have executed a forged sale deed of
the land belonging to the complainant.
4. Learned counsel for the petitioners submits that the
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petitioners have falsely been implicated in this case and the
allegation of transfer of the said land illegally is false and
concocted. It is further submitted that a purely civil dispute
relating to partition of land has been given a criminal colour. It
has next been submitted that the complainant has an efficacious
remedy before the competent civil court and instead of pursuing
the same, she has instituted the present complaint. It has lastly
been submitted that the petitioners carry clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Complaint Case No.
264 of 2024 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
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(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the present application stands
allowed.
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8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
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