Patna High Court
Sandhya KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, holding that the dispute is essentially civil in nature and bail is appropriate under the applicable provisions.
Summary
The petitioners, Sandhya Kumari and Amod Kumar, were arrested in a complaint alleging cheating in a land sale under Sections 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. They contended that they had sold the land after receiving full consideration and that the land was already mutated in their favour, while the complainant's request for mutation was rejected as the land was "Gair Mazarua Khas". The learned counsel argued that the dispute was essentially civil, not criminal. The Additional Public Prosecutor opposed bail. The court held that the matter was primarily a civil dispute and, applying Section 438(2) of the CrPC and Section 482(2) of the BNS, directed that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioners under Section 438 CrPC and Section 482 BNS.
- Whether the alleged offence under Sections 318(4) and 3(5) of the BNS is cognizable or merely a civil dispute.
- Whether the dispute over land mutation constitutes a criminal matter warranting continued detention.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- land dispute
- cheating
- civil nature
- Bhartiya Nyaya Sanhita
- CrPC
- Section 438
- Section 482
- property mutation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10731 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
1. Sandhya Kumari, W/o- Amod Kumar
2. Amod Kumar, S/o- Sri Vijendra Kumar @ Bijendra Kumar
Both 1 and 2 are resident of village- Purikh @ Purushottampur Ward No-5,
P.S.- Bihra Dist- Saharsa, A/P- Gautam Nagar W.No.- 6/16, Gangjala P.S.-
Saharsa Dist- Saharsa
... ... Petitioners
Versus
1. The State of Bihar
2. Binod Bhagat, son of Late Rami Bhagat, Resident of Gautam Nagar
Gangjala Saharsa, Ward No.11/16, Gangjala, P.S.-Saharsa, District, Saharsa.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the
complaint petition and apprehending their arrest in connection
with Saharsa Complaint Case No.507c of 2025 in which
cognizance has been taken for the offences punishable under
Sections 318(4) read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (in short ‘BNS’).
3. Allegation against petitioners is to cheat the
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complainant in a land deal, as after sale, the mutation could
not recorded in the name of complainant.
4. It is submitted by learned counsel that the
petitioners are the seller of the land and he sold it after
receiving the full consideration amount. It is pointed out that
the land was already mutated in favour of petitioners and
when they sold due to their personal need, complainant
approached before the authority for mutation of land in
question, it was objected, saying that the land in issue was
“Gair Mazarua Khas”.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions as
primarily the dispute between the parties appears civil in
nature, accordingly, both petitioners, above-named, in the
event of their arrest or surrender in the court below within a
period of four weeks, are directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, First Class,
Saharsa in connection with Saharsa Complaint Case No.507c
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of 2025, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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