Patna High Court
Naushad ShekhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
Naushad Shekh was arrested in connection with a FIR alleging offences under sections 318(4), 316(2), 318(2), 336(2), 338 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, relating to a disputed sale deed of immovable property executed in 2019. The petitioner contended that he was falsely implicated, that the matter was essentially a civil property dispute, and that the FIR was lodged six years after the deed. He also highlighted his lack of any criminal antecedent and his willingness to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the Court considered the nature of the allegations, the delay between the deed and the FIR, and the petitioner’s clean record, and ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- The appropriateness of granting regular bail to the petitioner under the Bharatiya Nyaya Sanhita provisions.
- Whether the underlying dispute is a civil matter that warrants criminal prosecution.
- Impact of the delay between the execution of the sale deed (2019) and the filing of the FIR (2025) on bail considerations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(2), 318(4), 336(2), 338, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- property dispute
- false implication
- civil dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9911 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Naushad Shekh Son of Daud Shekh Resident of Village- Mangrauni Shekh
Toli, P.S.- Rajnagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Madhubani Town P.S.
Case no. 363 of 2025 registered under sections 318(4), 316(2),
318(2), 336(2), 338 and 61(2) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the informant states
that the six named accused persons including the petitioner
herein executed a registered sale deed on 9.9.2019 with respect
to an immovable property. The informant further states that on
going over the land in question, which was the subject matter of
the sale deed, the agnates stated that the land sold by the
accused including the petitioner herein did not fall in their share.
Patna High Court CR. MISC. No.9911 of 2026(2) dt.24-02-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Besides the dispute
being one purely civil in nature, it is submitted that the sale deed as
stated in the FIR was executed in the year 2019 and the FIR came to
be lodged in the year 2025. The petitioner is in custody since
21.12.2025 and undertakes to cooperate in the investigation. He has
no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR, the registered sale deed having been
executed as per the allegations in the FIR in September, 2019
and the petitioner not having any criminal antecedent, in the fact
of the case, the Court directs the petitioner to be enlarged on bail in
connection with Madhubani Town P.S. Case no. 363 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Madhubani.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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