Patna High Court
Ramratan Kumar @ Lala GopeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, directing that the appellant be released on bail.
Summary
The appellant, Ramratan Kumar, was charged under several sections of the Bihar Negotiable Sale (B.N.S.) Act and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act in connection with a land‑sale dispute. The FIR alleged that he, along with others, facilitated a fraudulent sale deed in the name of the informant’s wife, leading to accusations of cheating, assault and other offences. The appellant contended that he had a clean antecedent, did not execute or witness the sale deed, and that the allegations against him were vague and omnibus, arising merely from a property dispute. The Special Public Prosecutor and the informant opposed his anticipatory bail, but could not specifically rebut the claim that the charges were not directed at the appellant. The High Court set aside the lower court’s order rejecting bail, allowed the appeal, and directed that the appellant be released on bail subject to conditions under Section 482(2) of the B.N.S. Act.
Issues considered
- Whether the anticipatory bail granted to the appellant should be denied on the ground of the seriousness of the offences alleged under the B.N.S. Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations in the FIR specifically implicate the appellant or are merely general and omnibus in nature.
- Whether Section 482(2) of the B.N.S. Act permits the High Court to set aside the lower court’s order denying bail.
Legislation cited
- Bihar Negotiable Sale (B.N.S.) Act — s. 316(2), 318(4), 338, 339, 340(1), 482(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- land dispute
- false implication
- Section 482
- criminal procedure
- Bihar Negotiable Sale Act
- offences under sections 338-340
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1078 of 2026
Arising Out of PS. Case No.-556 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Ramratan Kumar @ Lala Gope S/o Raghunandan Yadav R/o Village -
Mahanandpur Bighapar, P.S.- Deepnagar, District- Nalanda.
... ... Appellant/s
Versus
1. The State of Bihar
2. Lakhan Prasad S/o Late Bangali Das R/o Mohalla - Murarpur, Brahmsthan,
Post - Biharsharif, P.S - Laheri, District - Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranvijay Singh
For the Respondent/s : Ms.Usha Kumari 1
Mr.Sudhir Kumar
Ms.Kumari Tannu
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-06-2026 1. Heard learned counsel for the appellant, the
learned Special Public Prosecutor for the State and the
learned counsel appearing on behalf of the informant.
2. The appellant has challenged the order dated
23.02.2026 passed by the learned Additional Sessions
Judge-VIth- cum- Special Judge, SC/ST (POA) Act,
Biharsharif, Nalanda in connection with ABP No.40 of
2026 arising out of Deep Nagar P. S. Case No.556 of 2025,
instituted for the offences under Sections 338, 339, 340(1),
318(4), 316(2) of the B.N.S. and Sections 3(1)(r)(s), 3(2)(v)
of the Scheduled Castes & Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.1078 of 2026(3) dt.30-06-2026
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Atrocities) Act, whereby his prayer for grant of anticipatory
bail has been rejected.
3. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and the informant alleges that 1.80 decimal of
land was purchased in the name of his wife Urmila by way
of a registered sale deed and in the said Khata three
different purchasers had also purchased land as detailed in
the FIR. It is further alleged that Sadan Singh, Amit Kumar,
Ram Ratan Kumar (petitioner) and Anuj Paswan were
instrumental in getting the sale deed executed with respect
to the land purchased by his wife and other purchasers. It is
next alleged that subsequently the informant came to know
that the land purchased by his wife was already sold from
before, as such, it is alleged that the accused persons
cheated him.
4. The learned counsel for the appellant submits
that appellant has been falsely implicated in the instant case
by the informant. It is further submitted that from perusal of
the allegations as alleged in the FIR, it would manifest that
no specific allegation is alleged against the appellant. It is
Patna High Court CR. APP (SJ) No.1078 of 2026(3) dt.30-06-2026
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also submitted that appellant neither executed the sale deed
nor is a witness on the sale deed and allegation of abuse and
assault is general land omnibus in nature and the said
allegation has been alleged in backdrop of a land dispute. It
is also submitted that sale deed in favour of the wife of the
informant was executed by Anuj Paswan with whom
appellant has no concern or relation.
5. The learned Special P. P. as well as the learned
counsel appearing on behalf of the informant opposes the
bail application, but then are not in a position to rebut the
submission of the learned counsel appearing on behalf of
the appellant that the allegation against the appellant is
general and omnibus in nature and appellant neither
executed the sale deed nor is a witness on the sale deed.
6. Regard being had to the aforesaid submissions,
the order dated 23.02.2026 is set-aside.
7. The appeal stands allowed.
8. The appellant, above-named, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks, is directed to be released on bail on his
furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five
Patna High Court CR. APP (SJ) No.1078 of 2026(3) dt.30-06-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-VIth-cum-
Special Judge, SC/ST (POA) Act, Biharsharif, Nalanda in
connection with ABP No.40 of 2026 arising out of Deep
Nagar P. S. Case No.556 of 2025, subject to the conditions
laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J)
vikash/-
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