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2026 DAILYLAW 30122 (PAT)

Shagufta Yasmin v. The State of Bihar

CR. MISC./3097/2026 · 2026-02-11

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3097 of 2026 Arising Out of PS. Case No.-282 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== 1 . Shagufta Yasmin D/o Khalik Khan R/o Vill. - Pakardih, P.S and P.O - Imamganj, Dist. - Gaya. 2. Shaista Shaheen Wife of Ashraf Ali Fatmi R/o Vill. - Khajuriya, P.S and P.O - Bankebazar, Dist. - Gaya. 3 . Ghufran Ali Khan Son of Asmat Bari Khan R/o Vill. - Khajuriya, P.S and P.O - Bankebazar, Dist. - Gaya. ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adil Abbas , Advocate Md. Rashid Izhar , Advocate Mr. Vishal Kumar sharma, Advocate Mr. Syed Mohammad Ibrahim Quli , Advocate For the Opposite Party/s : Mr. Harendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 11-02-2026 Heard learned counsel for the petitioner and the State . 2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 419, 420,467, 468 , 471 and 120 ( B ) of IPC . 3 . As per the prosecution case , informant namely, Nafisa Khatoon alleged that co-accused Kumar Nath who was Revenue clerk , at the relevant time in collusion with other co- accused persons including these petitioners declared the informant dead and projected one Bunni Begum as her daughter Patna High Court CR. MISC. No.3097 of 2026(2) dt.11-02-2026 2/3 and mutated the land of the informant, in her name . 4. Learned counsel for the petitioner submitted that petitioners are bonafide purchaser of the land in question , and purchased after paymentof due consideration amount. Upon title , possession and rightful claim over the said land by one Bunni Begum and husband of one Asfiya Begum namely , Afaque Khan , these petitioners became ready to purchase the land upon payment of due consideration amount of market value upon which the vendors of these petitioners became ready . It is further submitted that upon such agreement, due consideration amount was transferred and paid to Bunni Begum and Afaqur Khan , the sale deed dated 11.02.2013 was executed bearing Registration No. 955 , Book No. 1 , Volume No. 13 from page No. 179 to 189 was registered validly and bonafidely . It is further submitted that Title suit No. 49 of 2017 is already pending between the parties, in the Court of Sub Judge – I , Sherghati ( Gaya) for the same piece of land. The present F.I.R. has been lodged in the year 2023, i. e ,. on 13.11.2023 for the occurrence of 12.03.2013 , after the delay of 10 years which itself makes the entire prosecution doubtful against these petitioners. Petitioners claim clean antecedent. 5 . Learned counsel for the State opposed the bail Patna High Court CR. MISC. No.3097 of 2026(2) dt.11-02-2026 3/3 petition . 6 Considering the nature of dispute , clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, 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 the learned Chief Judicial Magistrate Gaya in connection with Imamganj P.S. Case No. 282 of 2023 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T