Patna High Court
Sanjay Kumar @ Sanjay Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Indian Penal Code — s. 420, 504
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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