Patna High Court – Orders
Majahrul Haque @ Mahrul Haque vs The State Of Bihar on 14 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77267 of 2024
Arising Out of PS. Case No.-483 Year-2023 Thana- DHAKA District- East Champaran
======================================================
1. Majahrul Haque @ Mahrul Haque Son of Late Gafur Mian Resident Of
Village- Senwariya, P.S.- Chiraiya, District- East Champaran
2. Nasima Khatoon Wife of Late Ishrail Mian Resident Of Village- Senwariya,
P.S.- Chiraiya, District- East Champaran
3. Santosh Kumar Son of Shree Rai Resident Of Village- Sapgardha, P.S.-
Chiraiya, District- East Champaran
4. Anil Kumar @ Anil Rai Son of Nagina Rai Resident Of Village- Sapgardha,
P.S.- Chiraiya, District- East Champaran
5. Babita Devi Wife of Rajeshwar Rai Resident Of Village- Sapgardha, P.S.-
Chiraiya, District- East Champaran
6. Subodh Yadav Son of Rooplal Yadav Resident Of Village- Sapgardha, P.S.-
Chiraiya, District- East Champaran
7. Ashok Yadav Son of Ram Bahadur Rai Resident Of Village- Sapgardha,
P.S.- Chiraiya, District- East Champaran
8. Mukti Narayan Rai Son of Shital Rai Resident Of Village- Sapgardha, P.S.-
Chiraiya, District- East Champaran
9. Ashok Prasad Son of Pyare Lal Resident Of Village- Lalbegiya, P.S.-
Chiraiya, District- East Champaran
10. Moti Lal Rai Son of Hardeyal Rai Resident Of Village- Khartari, P.S.-
Chiraiya, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Jahangir Alam S/o- Late Mumtajm Ahmad R/o- Senuwariya, P.S.- Chiraiya,
Dist.- East Champaran (Motihari)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Niranjan Prasad Singh, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 14-07-2025
Heard Mr. Manoj Kumar, learned counsel for the
petitioners, Mr. Arun Kumar Singh, learned Additional Public
Prosecutor for the State and Mr. Niranjan Prasad Singh, learned
Patna High Court CR. MISC. No.77267 of 2024(5) dt.14-07-2025
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counsel for the Opposite Party No.2
2. The petitioners are apprehending their arrest in
connection with Dhaka P.S. Case No. 483 of 2023, F.I.R. dated
23.08.2023 for the offences punishable under Sections 420, 467,
468, 471/34 of the Indian Penal Code.
3. According to prosecution case, the informant’s
grandfather bought 5 Katha 2 Dhur of land in 1951, but out of
this, 4 Katha 10 Dhur was allegedly sold illegally by Md.
Muslim and 12 others, including the petitioners, through a sale
deed as part of a conspiracy involving vendors, vendees, and
witnesses.
4. Learned counsel for the petitioners submits that
petitioner Nos. 1, 2, 5, 6, 9 and 10 have clean antecedent and
petitioner Nos. 3, 4, 7 and 8 have one criminal antecedent other
than the present case and they are on bail in the pending matter.
Learned counsel for the petitioners submits that the petitioners
are vendors and vendees of the sale deed in question and it
appears that the present F.I.R. was lodged after one month of the
execution of sale deed. The allegation, as alleged in the F.I.R., is
false and fabricated and the petitioners have not committed any
offence as alleged in the F.I.R. and some of the petitioners are
witnesses of the said sale deed in question and the informant has
Patna High Court CR. MISC. No.77267 of 2024(5) dt.14-07-2025
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filed the present F.I.R. alleging therein that some of the
petitioners have sold the land in question in favour of the
petitioners, which originally belonged to the informant. Learned
counsel for the petitioners further submits that the present
dispute is purely civil in nature and the informant has the
remedy under the law.
5. The learned Additional Public Prosecutor as well
the counsel for the informant/Opposite Party No.2 have
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, in the event of their 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) each with
two sureties of the like amount each to the satisfaction of the
learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka,
East Champaran in connection with Dhaka P.S. Case No. 483 of
2024, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.77267 of 2024(5) dt.14-07-2025
4/4properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their 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 for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners 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)
sharun/-
U T
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