Patna High Court
SANJAY KUMAR @ SANJAY GUPTAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 351(2) read with 3(5), 352, 61(2)
- Code of Criminal Procedure — s. 438(2)
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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