The Patna High Court on Wednesday stayed the arrest of Rashtriya Janata Dal (RJD) legislator Osama Shahab, who represents the Raghunathpur constituency, in connection with a theft and extortion case registered at the Mahadeva police station in Siwan district. The interim relief came even as Siwan police conducted a raid at his official residence in Patna earlier in the day.
Court Proceedings
A single bench of Justice Ajit Kumar, while hearing Osama's anticipatory bail plea, also sought the case investigation diary from Siwan police. The matter is now scheduled for further hearing on June 17. The high court's intervention followed the rejection of Osama's anticipatory bail plea by the court of the principal district and sessions judge in Siwan on April 28. Subsequently, the MLA moved the high court on May 1.
Arguments Presented
Senior advocate Naresh Dixit, representing Osama, argued before the court that the dispute was civil in nature, revolving around the ownership and possession of land between the complainant and Osama's wife. He submitted that Osama's wife had purchased the same piece of land through a registered sale deed in 2024. Dixit alleged that the FIR was lodged solely to harass the legislator and his family. He further contended that the Supreme Court has repeatedly cautioned against attempts to give criminal color to existing civil disputes. Finding merit in these submissions, the high court granted interim protection from arrest.
FIR Details
According to the FIR lodged on April 15 by complainant Sudha Singh at Mahadeva police station, Osama allegedly threatened her to stop construction work on a newly purchased piece of land at Jhunapur village in Siwan district. The complainant further alleged that Osama arrived at the site with 30 to 40 unidentified individuals and forcibly removed CCTV cameras, cables, and construction materials.
Police Raid
Meanwhile, Siwan police reached Patna on Wednesday with the intention of arresting Osama. They carried out a raid at the MLA's flat, which is located under the Kotwali police station area. However, Osama was not present at the residence at the time of the raid. Police questioned two to three close associates who were present at the flat. These associates informed the police team that the high court had granted a stay on Osama's arrest. In response, the police sought documents related to the court order.
This development marks a significant turn in the legal proceedings involving the RJD MLA, who has been embroiled in multiple legal cases in the past. The high court's decision to grant interim protection underscores the judiciary's scrutiny of cases where civil disputes are alleged to be given a criminal complexion.
