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Naushad Shekh Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

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Patna HC
2026
Naushad Shekh Vs The State of BiharNaushad Shekh v. The State of Bihar

Allowed¶17

Naushad Shekh v. The State of Bihar

Patna HC24 Feb 2026CR. MISC./9911/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.9911 of 2026, decided 24-02-2026 by Partha Sarthy, J. Regular bail granted to Naushad Shekh in Madhubani Town P.S. Case no. 363 of 2025 (Thana Madhubani Town, District Madhubani) registered under sections 318(4), 316(2), 318(2), 336(2), 338 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, arising from a registered sale deed dated 9.9.2019 executed by six named accused. Factors: nature of allegation in FIR, sale deed of September 2019 preceding the 2025 FIR, custody since 21.12.2025, no criminal antecedent. Condition: bail bond Rs.10,000 with two like sureties before CJM, Madhubani.

What did the court decide?

Petitioner enlarged on regular bail in Madhubani Town P.S. Case no. 363 of 2025 upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani.

Why is it important?

Taking into consideration the nature of allegation in the FIR, the registered sale deed having been executed in September, 2019 as per the FIR allegations, and the petitioner not having any criminal antecedent, the Court enlarged the petitioner on bail in connection with Madhubani Town P.S. Case no. 363 of 2025. ¶17

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Madhubani Town P.S. Case no. 363 of 2025 upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani.

Issue for consideration

Whether the petitioner, named in 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, should be enlarged on regular bail.

Court's answer

Taking into consideration the nature of allegation in the FIR, the registered sale deed having been executed in September, 2019 as per the FIR allegations, and the petitioner not having any criminal antecedent, the Court enlarged the petitioner on bail in connection with Madhubani Town P.S. Case no. 363 of 2025.

Ratio / Principle

Bail was granted on furnishing a 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.

Detailed headnote1 paragraphs

Bail granted — Madhubani Town P.S. Case no. 363 of 2025 — Offences under sections 318(4), 316(2), 318(2), 336(2), 338 and 61(2), Bharatiya Nyaya Sanhita, 2023 — Six named accused, including petitioner, alleged to have executed a registered sale deed dated 9.9.2019; land allegedly did not fall in vendors' share — Counsel for petitioner urged dispute was purely civil and pointed to gap between 2019 sale deed and 2025 FIR; petitioner in custody since 21.12.2025 with no criminal antecedent — Court, considering nature of allegation in the FIR, execution of sale deed in September, 2019 and absence of criminal antecedent, directed enlargement on bail 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.

A

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.

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.

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

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.

The application for bail is opposed by learned APP for the State.

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, named in 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, should be enlarged on regular bail.¶12
The court held
Taking into consideration the nature of allegation in the FIR, the registered sale deed having been executed in September, 2019 as per the FIR allegations, and the petitioner not having any criminal antecedent, the Court enlarged the petitioner on bail in connection with Madhubani Town P.S. Case no. 363 of 2025.ratio¶17

Statutes considered

6 provisions across 1 enactments

AI extract

Bharatiya Nyaya Sanhita, 2023318(4)¶12 316(2)¶12 318(2)¶12 336(2)¶12 338¶12 61(2)¶12

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Madhubani Town P.S. Case no. 363 of 2025 against the petitioner and five other named accused under provisions of the Bharatiya Nyaya Sanhita, 2023.¶12
Prior proceeding
Prosecution case: six named accused including the petitioner executed a registered sale deed dated 9.9.2019; agnates allegedly stated the sold land did not fall in their share.¶13
Prior proceeding
Petitioner in custody since 21.12.2025; counsel states he has no criminal antecedent.¶15

Parties & counsel

AI extract

petitioner
Naushad Shekh Son of Daud Shekh Resident of Village- Mangrauni Shekh Toli, P.S.- Rajnagar, District- Madhubani¶5
Mr. Vikash Kumar Jha
respondent
The State of Bihar¶8
Mr. Navin Kumar Pandey

Coram

AI extract

Partha Sarthyauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 24 Feb 2026 · February
Registered: 6 Feb 2026
Case no.: CR. MISC./9911/2026
CNR: BRHC010130342026
Topic: Cheating and Forgery
Bench: Partha Sarthy
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Naushad Shekh v. The State of Bihar, CR. MISC./9911/2026 (PAT), decided on 24 February 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes6

Bharatiya Nyaya Sanhita, 2023318(4) · 316(2) · 318(2) · 336(2) · 338 · 61(2)

View all statutes

Procedural history3

Registration of Madhubani Town P.S. Case no. 363 of 2025 against the petitioner and five other named accused under provisions of the Bharatiya Nyaya Sanhita, 2023.
Prosecution case: six named accused including the petitioner executed a registered sale deed dated 9.9.2019; agnates allegedly stated the sold land did not fall in their share.

View full history

Bench / Coram

Partha Sarthy

Parties & counsel