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2026 DAILYLAW 20628 (PAT)

Md. Hasim v. The State of Bihar

CR. MISC./7878/2026 · 2026-06-29

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7878 of 2026 Arising Out of PS. Case No.-743 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== 1. Md. Hasim son of Late Yukub Resident of village- Mahua Bazar Ward No. 03, Ps- Basnahi, Dist- Saharsa 2. Md. Kasim Son of Late Yukub Resident of village- Mahua Bazar Ward No. 03, Ps- Basnahi, Dist- Saharsa 3. Md. Woshim @ Washim @ Md. Wosim @ Md. Wasim son of Late Yukub Resident of village- Mahua Bazar Ward No. 03, Ps- Basnahi, Dist- Saharsa ... ... Petitioner/s Versus 1. The State of Bihar 2. Satendra Mandal Son of Mohan Mandal Resident of village- Mahua Dakshinbari tola dotara Ward no. 13, Ps- Basnahi Anchal Sonbarsa Raj Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. For the O.P. No. 2 : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Anant Kumar-I, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6 29-06-2026 Heard learned counsel for the petitioners, opposite party no. 2 and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code. 3. As per prosecution case, these petitioners obtained forged sale deed and got the property mutated on the basis of the same. 4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.7878 of 2026(6) dt.29-06-2026 2/3 petitioners are innocent and have committed no offence. In fact, under Mauja Mahua Dakshiwari Thana No. 49, P.S. Sonbarsa, at present Basnahi, in Revisional Survey Land bearing Khata No. 193, Khasra No. 291 area 0.11 decimal stands in the name of Bisheshwar Singh Kusheshwar Singh and Deneshwar Singh-3 ansh equally and Most Ramvati Kumari w/o Shideshwar Singh- 1 ansh, fahter of these petitioners, namely, Md. Yakub had purchased the land from above Khatiyani raiyati on 5.4.1984 and thereafter, petitioners are in possession and mutation was done in their father’s name after purchase of the land and paid the rent regularly. The sale deed was executed in favour the father of these petitioners in the year 1984 and present case has been filed in the year 2023. It is further submitted that present case is purely civil in nature and Zamabandi cancellation case is already pending between the parties. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State as well as learned counsel for the opposite party no. 2 vehemently opposed the bail application. 6. Considering delay in lodging F.I.R. and nature of dispute, anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of arrest/surrender before Patna High Court CR. MISC. No.7878 of 2026(6) dt.29-06-2026 3/3 the court below within a period of eight weeks from today, be enlarged 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 learned Judicial Magistrate, 1st Class, Saharsa in connection with Complaint Case No. 743 of 2023, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T