Patna High Court
Ranju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioners subject to a bond, sureties, and verification of criminal antecedents, holding that the matter is essentially a civil dispute.
Summary
Ranju Devi and Mosomat Shanti Devi sought bail fearing arrest in a criminal case (P.S. Case No. 338 of 2025) alleging offences under multiple sections of the B.N.S. The prosecution alleged that the informant was defrauded in a land sale involving the petitioners' son, Sachin Kumar, who received Rs.16,00,000 but only Rs.10,00,000 was paid and the land was later sold to another party. The petitioners contended they had no involvement in the monetary transaction and had no criminal antecedent, while the co‑accused had already posted bail and deposited the required amount. The court examined the material and concluded that the dispute was essentially civil, noting that the son had already returned Rs.10,00,000 as ordered. Accordingly, the court granted bail to the petitioners on a bond of Rs.10,000 each with two sureties, subject to verification of criminal antecedents and conditions under Section 482(2) of the B.N.S.S. The court also ordered the certified copies of the lower court orders to be kept on record.
Issues considered
- Whether the petitioners are entitled to bail in the pending criminal case
- Whether the underlying dispute is civil in nature, affecting the grant of bail
- Whether the petitioners have any concealed criminal antecedents
Subjects
- bail
- civil dispute
- property fraud
- section 482
- women petitioners
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13491 of 2026
Arising Out of PS. Case No.-338 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Ranju Devi W/O Sachin Kumar Resident Of Village - Pakaridayal, P.S-
Pakaridayal, Dist.- East Champaran
2. Mosomat Shanti Devi W/O Late Kamla Kant Singh Resident Of Village -
Pakaridayal, P.S- Pakaridayal, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP
: Mr. Dhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioners, the
learned counsel for the informant and the learned APP for the
State.
2. The petitioners are apprehending their arrest in
connection with Pakaridayal P.S. Case No. 338 of 2025, for
allegedly having committed offence under Sections 126(2),
115(2), 352, 351(2), 316(2), 318(4), 338, 336(3), 340(2) and
61(2) of the BNS.
3. As per the prosecution case, the informant was in
need of a residential plot wherein he came in contact with the
son of the petitioner no.2, namely, Sachin Kumar @ Glucose
and thereafter he met both the petitioners herein. All the persons
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informed him that the land was clear and they wanted to sell a
portion of the said plod. Accordingly, an agreement was entered
in between the informant and Sachin Kumar @ Glucose to
purchase one katha four dhurs of land for a total consideration
of Rs.16,00,000/-, but later the sale deed was executed for only
Rs. 10,00,000/- and the informant came to know that the land in
question was already sold by the petitioner no.2, to some other
person and on demand of the informant to return back the
money, the same has not been returned.
4. The learned counsel for the petitioners submits
that both the petitioners are ladies and they have got no concern
with the amount of Rs. 16,00,000/-, which is said to be taken by
the co-accused Sachin Kumar @ Glucose. Further, the co-
accused Sachin Kumar has been granted regular bail by the
learned A.C.J.M.-VIII, East Champaran at Motihari vide order
dated 15.01.2026, on the condition that he will be depositing Rs.
10,00,000/- through demand draft in favour of the informant and
the same, as it appears from the certified copy of the order dated
16.02.2026 of the Court of learned A.C.J.M.-VIII, East
Champaran, Motihari has already been deposited in favour of
the informant vide D.D. No. 517815. The petitioners have got
no criminal antecedent.
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5. The learned counsel for the informant and the
learned APP for the State vehemently oppose the prayer for bail
of the petitioners.
6. Having heard the learned counsel for the parties
and considering the materials available on record, it appears that
the dispute is of civil nature and Rs. 10,00,000/- has already
been returned by the son of the petitioner no.2, in compliance of
the order dated 15.01.2026 passed by the learned A.C.J.M.-VIII,
East Champaran at Motihari, let the petitioners, above named,
in the event of arrest or surrender within a period of six weeks,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M. 8th, Motihari, East
Champaran in connection with Pakridayal P.S. Case No. 338 of
2025, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioners and in case at any stage, it
is found that the petitioners have concealed their criminal
antecedents, the court concerned shall take steps for cancellation
of bail bonds of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
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delayed for purpose of or in the name of verification.
7. Let the certified copy of the orders dated
15.01.2026 and 16.01.2026 passed by the learned A.C.J.M.-
VIII, East Champaran at Motihari be kept on record.
(Ritesh Kumar, J)
AjayMishra/-
U
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