Patna High Court
Md. Tabrej AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the general nature of the accusations and the petitioner's clean antecedents, anticipatory bail is warranted under Section 482(2) of the B.N.S.S.
Summary
Petitioner Md. Tabrej Alam feared arrest in a case alleging fraudulent sale of land and extortion, with charges under multiple sections of the B.N.S. The prosecution alleged that the accused, including the petitioner, sold the informant's land without right and assaulted the informant when demands for money were made. The petitioner contended he was merely the identifier of the sale deed, not a vendor or buyer, and that the dispute was purely civil, emphasizing his clean antecedents. The State and the informant opposed the grant of anticipatory bail. Considering the general and omnibus nature of the accusations and the petitioner's clean record, the court allowed anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite the serious nature of the allegations
- Whether the allegations constitute a cognizable offence that justifies denial of bail
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- clean antecedents
- civil dispute
- land sale fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7045 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Md. Tabrej Alam Son of Late Md. Hadis Resident of Village- Chand Saraiya
(Baltharwa), P.S.- Piprakothi, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Advocate
For the State : Md. Aslam Ansari, APP
For the Informant : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 318(4),
340(2), 308(2), 126(2), 115(2), 352, 351(3) and 3(5) of the
B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner,
fraudulently sold the land of informant without any right, title
and possession. It is further alleged that when informant asked
the accused persons, all of them, abused and assaulted informant
Patna High Court CR. MISC. No.7045 of 2026(2) dt.19-02-2026
2/3
and his brother and demanded Rangdari of Rs. 10,00,000/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because he happens to be identifier of the sale
deed in question. Petitioner is neither vendor nor vendee of the
alleged sale deed. Moreover, the dispute is with regard to sale
and purchase of land, which is purely civil in nature. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., East Champaran at
Motihari in connection with Piprakothi P.S. Case No. 322 of
Patna High Court CR. MISC. No.7045 of 2026(2) dt.19-02-2026
3/3
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.