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Patna High Court

Sanjay Kumar @ Sanjay Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the matter is a civil dispute and granted bail to the petitioner under Section 482(2) of the BNSS.

Summary

The petitioner, Sanjay Kumar, was named in a criminal complaint (Case No. 169C of 2018) alleging offences under Sections 420 and 504 of the IPC for allegedly reselling 53 decimal of land that had previously been sold by his grandparents to the complainant society. The petitioner contended that the matter was essentially a civil dispute over title, noting that the land mutation remained in his father's name and that both parties had pending title suits (the complainant's suit No. 102/2018 and the petitioner's suit No. 2799/2015). The learned senior counsel argued that the complaint did not disclose any sale by the petitioner's father and that the civil suits should determine title. The opposing counsel admitted the earlier sale by the grandparents but pointed out the mutation issue. The court held that the dispute was primarily civil and, to avoid prejudice to the petitioner, ordered his release on bail subject to a bond of Rs. 10,000 with two sureties, invoking Section 482(2) of the BNSS. The bail order effectively disposed of the petition for bail.

Issues considered

  • Whether the criminal complaint under Sections 420 and 504 IPC is maintainable when the underlying dispute is essentially a civil title dispute
  • Whether bail should be granted to the petitioner pending resolution of the civil title suits

Legislation cited

Subjects

  • bail
  • civil dispute
  • criminal complaint
  • title suit
  • land sale
  • IPC 420
  • IPC 504
  • Section 482
  • pending civil suit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10500 of 2025
                  Arising Out of PS. Case No.-169 Year-2018 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Sanjay Kumar @ Sanjay Kumar Gupta S/O Late Gaya Prasad Gupta Resident
                 of Mohalla-Badi Khagaul (Near Hanuman Mandir Pathak Par), Police
                 Station-Khagaul, District-Patna

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shaida Nagar Grih Nirman Samiti Khagaul, P.S. Khagaul, District- Patna,
                 Through its Present secretary namely Naiyar Azam, age- 52 years, S/o- Late
                 Shaida Hasan at present R/o - 404 B, Uttam Palace, Khajpura , P.S. Shastri
                 Nagar, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Archana Sinha, Sr. Adv.
                                                 Ms. Richa Rajiv Singh, Adv.
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

8   05-01-2026                    Heard the parties.

                                 2.The petitioner is named in complaint petition and

                   apprehending his arrest in Complaint Case No. 169C of 2018

                   registered for the offences punishable under Sections 420, 504

                   of the Indian Penal Code.

                                 3. The allegation against petitioner is to resell 53

                   decimal of land to different persons which was already sold by

                   his grand-parents much earlier i.e., in the year 1985 to the

                   complainant society namely, “Shaida Nagar Grih Nirman

                   Samiti”.
Patna High Court CR. MISC. No.10500 of 2025(8) dt.05-01-2026
                                            2/3




                       4. Mrs. Archana Sinha, learned senior counsel while

          arguing on behalf of the petitioner submitted that the issue

          between the parties are primarily of civil disputes for which the

          present criminal complaint case is completely un-occassioned

          and un-warrented. It is pointed out that the mutations of the

          disputed land is existing in the name of the father of the

          petitioner. It is submitted that to declare the title in favor of

          complainant society, the complainant society filed a title suit

          which is pending before the court of learned Sub-judge,

          Danapur as Title Suit no. 102/ 2018. It is pointed out that the

          petitioner also filed title suit much earlier to that i.e. in year

          2015 itself bearing Title Suit no. 2799/ 2015.

                       5. Arguing further, it is pointed out by Mrs. Sinha,

          that the complaint on its face and even the depositions of

          petitioner as deposed in complaint petition no. 175C of 2011,

          which was relied upon by complainant nowhere disclosed that

          land, in issue, was sold even by fathers of the petitioner to the

          complainant society.

                       6. Learned APP duly assisted by learned counsel for

          the OP No. 2 while opposing the prayer of bail submitted that

          the land, in issue, was sold by grandparents of the petitioner
              Patna High Court CR. MISC. No.10500 of 2025(8) dt.05-01-2026
                                                          3/3




                        much earlier i.e., in the year 1994-95, however, he conceded

                        that still mutation is existing in favor of the father of the

                        petitioner and he filed title suit no. 102/2018 for declaration of

                        title.

                                      7. In view of aforesaid factual submission as the

                        complainant fighting for his title for which the title suit no.

                        102/2018 is pending before the court of learned Sub-judge,

                        Danapur, suggesting on its face dispute is primarily civil in

                        nature, accordingly petitioner above-named, in the event of his

                        arrest or surrender before the court below within a period of

                        four weeks, is directed to be released on bail, furnishing bail

                        bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned JM 1 st

                        Class, Danapur /concerned Court, where the case is pending in

                        connection with Complaint Case No. 169C of 2018, subject to

                        the conditions as laid down under Section 482 (2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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