Patna High Court

Md. Jahangir Alam @ Md. Jahangir @ Md. JahaversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Md. Jahangir Alam, sought anticipatory bail in a case registered under Sections 406, 420 and 34 of the Indian Penal Code, alleging that he and his wife received Rs. 38,00,000 from the informant for registering a land but later refused to do so and sold the land to another party. The petitioner contended that the matter was a civil dispute over land sale and that he had committed no offence. The State and the informant opposed the bail, highlighting the specific accusations, the gravity of the alleged offences, and the petitioner’s three prior criminal records, two of which were similar. The court examined the nature of the allegations, the seriousness of the offences and the petitioner’s antecedents. Concluding that the accusations were direct and serious, the court rejected the petition for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case involving alleged cheating, criminal breach of trust and conspiracy under IPC Sections 406, 420 and 34.
Whether the dispute is purely civil and thus does not warrant criminal proceedings or anticipatory bail.

Legislation cited

Indian Penal Code — s. 34, 406, 420

Subjects

anticipatory bail
IPC Section 406
IPC Section 420
IPC Section 34
criminal breach of trust
cheating
land sale dispute
civil vs criminal jurisdiction
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91100 of 2025

                   Arising Out of PS. Case No.-394 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Md. Jahangir Alam @ Md. Jahangir @ Md. Jaha Son of Late Md. Khurshid
                 Alam Resident of Milkiyana Mohalla, P.S.- Phulwari Sharif, District - Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Tarikur Rahman Son of Resident of Sabjpura, Jafar Colony, P.S.- Phulwari
                 Sharif, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Anuj Dilbar Krishna, Advocate
                 For the State           :       Mr. Pranav Kumar, APP
                 For the Informant       :       Mr. Praveen Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  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/Opposite

                   Party No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 406, 420

                   and 34 of the Indian Penal Code.

                                3. As per prosecution case, allegation levelled against

                   this petitioner is that he, along with his wife, received a sum of

                   Rs. 38,00,000/- from the informant as consideration money for
Patna High Court CR. MISC. No.91100 of 2025(2) dt.10-02-2026
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          registering a land in favour of the informant, however, after

          some time, they refused to register the land and sold the same to

          someone else and also refused to return the money.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. From bare perusal of the F.I.R. it is

          apparent that the dispute is with regard to sale and purchase of

          land which is purely civil in nature.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the informant/Opposite Party No. 2 have

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner is named in the F.I.R.

          with specific accusation that he, along with his wife, took

          consideration money in lieu of registering a land in favour of the

          informant but thereafter, refused to do the same, sold the land to

          some one else and also refused to return the money. Petitioner is

          also signatory of the agreement to sale. Petitioner has got three

          criminal antecedents out of which two are of similar nature.

                       6. Considering the facts and circumstances of the

          case, specific and direct nature of accusation, gravity of offence

          and criminal antecedents of the petitioner, the prayer for grant of
             Patna High Court CR. MISC. No.91100 of 2025(2) dt.10-02-2026
                                                         3/3




                       anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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