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Patna High Court

SANJAY KUMAR @ SANJAY GUPTAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions.

Summary

The petitioner, Sanjay Kumar, was named in an FIR for alleged cheating related to a land sale, invoking several offences under the Bhartiya Nyaya Sanhita, 2023. He contended that the dispute was essentially civil, having already executed a sale deed, and highlighted his clean antecedent. The State opposed his bail application, arguing the seriousness of the charges. The court examined the nature of the dispute and the petitioner’s background, noting that the matter appeared primarily civil. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under the CrPC and the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the underlying dispute is civil in nature, warranting bail.

Legislation cited

Subjects

  • bail
  • civil dispute
  • cheating
  • land sale
  • Bhartiya Nyaya Sanhita
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10835 of 2026
                      Arising Out of PS. Case No.-27 Year-2025 Thana- PANCHRUKHI District- Siwan
                 ======================================================
                 Sanjay Kumar @ Sanjay Gupta, S/o Basdeo Gupta @ Basudeo Prasad,
                 Resident of village-Sahlaur, P.S.- Sarai Pachrukhi, Dist- Saran.
                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Pachrukhi P.S.

                   Case No.27 of 2025 registered under Sections 316(2),

                   318(4), 338, 336(3), 61(2), 352 and 351(2) read with 3(5)

                   of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, the petitioner alleged to cheat the

                   informant as not to hand over the possession of land in issue

                   after executing the sale deed.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the implication of petitioner appears false for

                   the reason that he already executed sale deed in favour
           Patna High Court CR. MISC. No.10835 of 2026(2) dt.24-02-2026
                                                       2/2




                     informant, which implied possession. It is submitted that the

                     dispute primarily appears civil in nature and moreover the

                     petitioner is a man of clean antecedent.

                                  4.    Learned APP opposed the prayer of bail.

                                  5. In view of aforesaid factual submissions and by

                     taking note of fact as dispute primarily appears civil in nature,

                     accordingly, the petitioner, above-named, who is a man of

                     clean antecedent, in the event of his arrest or surrender in the

                     court below within a period of four weeks from today, is

                     directed to be released on bail on furnishing bail bond of

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

                     like amount each to the satisfaction of the learned A.C.J.M.-

                     IX, Saran in connection with Pachrukhi P.S. Case No.27 of

                     2025, subject to the conditions as laid down under Section

                     438(2) of the Code of Criminal Procedure (in short

                     ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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