Patna High Court
Sohail Ahmed @ Md. Sohail @ SohailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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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