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Patna High Court

Sohail Ahmed @ Md. Sohail @ SohailversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioners, four brothers, were implicated in FIR No. 413 of 2024 for alleged tampering of land records (Register‑2 and Jamabandi) concerning joint family property in Sikandarpur, Siwan. They contended that the matter was a civil dispute and that the FIR was fabricated, asserting that the rectification of the land records had been carried out in favour of the informant and that staff of the Circle Office were involved. The court examined the enquiry report, the rectification orders issued by the Revenue Department, and the fact that the petitioners had no role in the alleged tampering. Considering the lack of prima facie evidence against them and the corrective actions already taken, the court granted anticipatory bail under Section 438(2) of the CrPC, subject to stringent conditions including cooperation with the trial and no tampering with evidence. The bail bond was set at Rs.10,000 with two sureties, and the order directed the lower court to enforce the conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
  • Whether the FIR constitutes a criminal case or merely a civil dispute over land ownership.
  • Whether there is prima facie evidence linking the petitioners to the alleged tampering of land records.

Legislation cited

Subjects

  • anticipatory bail
  • land record tampering
  • joint family property
  • civil dispute
  • Section 438 CrPC
  • FIR false
  • rectification of Jamabandi
  • Bihar

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90025 of 2024
                    Arising Out of PS. Case No.-413 Year-2024 Thana- GAUTAMBUDHNAGAR District-
                                                           Siwan
                  ======================================================
            1.     Sohail Ahmed @ Md. Sohail @ Sohail S/o Late Abdul Wahab R/o Village-
                   Sikandarpur, P.S- G.B Nagar,, District- Siwan
            2.    Abdul Fatah S/o Late Abdul Wahab R/o Village- Sikandarpur, P.S- G.B
                  Nagar,, District- Siwan
            3.    Abdul Samad S/o Late Abdul Wahab R/o Village- Sikandarpur, P.S- G.B
                  Nagar,, District- Siwan
            4.    Khurshid S/o Late Abdul Wahab R/o Village- Sikandarpur, P.S- G.B Nagar,,
                  District- Siwan

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr. Rajendra Narain, Sr. Advocate
                                                Mr. Md. Shadab Alam Wazdi, Advocate
                  For the Opposite Party/s :    Mrs. Dr. Indiwar Kumari, APP
                  For the Informant        :    Md. Reyaj, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

12   13-02-2026                   Heard Mr. Rajendra Narain, learned senior counsel

                    appearing for the petitioners, Md. Reyaj learned counsel for the

                    informant and Mrs. Dr. Indiwar Kumari, learned Additional

                    Public Prosecutor for the State.

                                  2. The petitioners are apprehending their arrest in

                    connection with G.B. Nagar P.S. Case No. 413 of 2024, FIR

                    dated 06.08.2024 registered for the offence punishable under

                    Sections 318(4), 337, 338, 336(3) and 3(5) of the BNS, 2013.

                                  3. As per FIR, informant is a co-sharer in joint
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          ancestral properties pertaining to Tauzi Nos. 3988, 3989, 3890,

          3991 and 1466 situated at Village–Sikandarpur, District–Siwan.

          The said properties were transferred in 1926 by Late Qazi

          Mohammad Yunus to Late Nawab Hasan through a registered

          deed of Bay-e-Laklima. The names of the legal heirs, including

          Late Mohiuddin Ahmed and Late Moinuddin Ahmed, were duly

          recorded in Government Registers A, D and Register-2, and

          joint rent receipts were issued, clearly establishing the joint and

          undivided nature of the property. However, Abdul Fatah,

          Khurshid, Abdul Samad and Sohail, by hatching a criminal

          conspiracy, dishonestly tampered with Register-2 by erasing the

          names of other co-sharers from the “Name Column” and

          fraudulently secured online mutation entries exclusively in the

          name of their father. The tampering, discovered upon inspection

          on 31.07.2004 in the presence of the Circle Officer, Barharia.

                       4. Learned counsel appearing for the petitioners

          submits that the petitioners have falsely been implicated in the

          present case. The allegation as alleged in the FIR is false and

          fabricated and the petitioners have not committed any offence as

          alleged in the FIR. It appears from the F.I.R., that the present

          matter is civil dispute between the parties and the informant is

          trying to convert the same into criminal nature. As per FIR, the
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          petitioners have tampered with Register-2. It is pertinent to

          mention that the local karmchari is the custodian of Register-2.

                       5. As per direction of this Court dated 09.10.2025, the

          Circle Officer, Barharia, has produced Register-2 along with the

          report dated 30.10.2025. From bare perusal of paragraph nos. 16

          and 17 of the said report suggests that the senior officers of the

          district has directed the Circle Officer, Barharia to rectify the

          record (Register-2). The enquiry with regard to tampering in

          Register-2 has been initiated in the light of Memo No. 11460

          dated 10.08.2024 issued by the then District Magistrate, Siwan.

          During enquiry, it has been found that the tampering and

          manipulation has been done in the Jamabandi Nos. 59, 83, 84,

          85, 87 and 91 respectively. The Jamabandi register-sheet has

          been scanned in the year 2023 and it is evident that the

          tampering has been done prior to 2023. The sole purpose to take

          undue benefit and to grab the joint family property.

                       6. Learned DCLR, Siwan vide letter no. 374 dated

          07.05.2025 has recommended for correction/rectification in the

          name column in the Jamabandi and accordingly the learned

          ADM (Revenue), Siwan vide letter no. 289 dated 09.06.2025

          has directed the Circle Officer, Barharia to take further action in

          the light of department instruction and guideline. As per the
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          departmental guideline, correction/rectification in the name,

          father’s name, area, khata, khesra, etc. are to be made online in

          the online Jamabandi. Therefore, upon online parimarjan plus

          application filed by the informant for Jamabandi No. 83, 84, 85,

          87 and 91 decision has been taken the word ‘WAGAIRAH’

          indicated for other co-sharers has been added and rectified in the

          name column in the receipt of online Jamabandi. Parimarjan

          application for Jamabandi no. 59 was not submitted.

                       7. Learned counsel for the petitioners submits that in

          view of the aforesaid developments, the authority has rectified

          the same in favour of the informant and it has come during

          enquiry that the staff/persons of the Circle Office, Barharia

          involved in the present crime in question and petitioners have no

          role at all in the present occurrence.

                       8. Learned counsel for the informant and learned

          A.P.P. for the State have vehemently opposed the prayer for

          anticipatory bail of the petitioners and submits that prima facie

          the petitioners are beneficiary from the aforesaid tampering and

          manipulation in the concerned Jamabandi sheet wherein the land

          belong to the joint family property which appears from the

          family genealogy also and petitioners are the beneficiary in the

          present matter. Apart from that, petitioners carry one more case
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          other than the present but police have submitted final form in

          favour of the petitioners in other words, the petitioners have

          clean antecedent.

                       9. Considering the aforesaid facts, enquiry report

          submitted by the official in the present matter as well as the

          rectification has been done in the records of the land in question,

          let the petitioners, above named, in the event of his 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 learned

          Additional Chief Judicial Magistrate-IV, Siwan in connection

          with G.B. Nagar P.S. Case No. 413 of 2024, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure with the following conditions:-

                       (I) Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
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                     for cancellation of bail.

                                  (III) And, further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage, it is found that the petitioners have concealed their

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. 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.



                                            (Rajesh Kumar Verma, J)
Ankit Kumar/-

U      T


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