Patna High Court
Ashok RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, three residents of Lagma village, applied for anticipatory bail after being implicated in a criminal case registered under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that they fraudulently acquired land belonging to an informant by using forged documents. The petitioners contended that they are bona‑fide purchasers, that the dispute is essentially civil, and that a title suit is already pending. The State and the informant opposed the bail, arguing that the petitioners knowingly purchased the land despite its ownership by the informant. The Court examined the nature of the allegations, the pending civil suit, and the petitioners' willingness to cooperate, and decided to grant anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, with the condition that they surrender within six weeks and comply with Section 482(2) of the B.N.S. 2023. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged land fraud and pending civil suit.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 318(4), 336(3), 338, 340(2), 3(5), 482(2)
Subjects
- anticipatory bail
- land fraud
- forgery
- civil suit
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13960 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- SAMASTIPUR District- Samastipur
======================================================
1. Ashok Ray S/o Ujagar Ray, Resident of Village - Lagma, P.S- Ghatho,
District - Samastipur.
2. Rajnish Kumar S/o Munilal Ray, Resident of Village - Lagma, P.S- Ghatho,
District - Samastipur.
3. Devendra Ray @ Devendra Rai S/o Kameshwri Ray @ Kameshwar Ray,
Resident of Village - Lagma, P.S- Ghatho, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Advocate
For the State : Ms. Asha Devi, APP
For the Informant : Mr. Ramesh Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 318(4), 338, 336(3), 340(2) and 3(5)
of the B.N.S.
3. The allegation against the petitioners is that they along
with other accused persons got the land of informant, in
question, registered fraudulently by creating forged documents.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. After proper verification of documents, the land in
Patna High Court CR. MISC. No.13960 of 2026(3) dt.06-05-2026
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question was purchased by the petitioners. Petitioners are
bonafide purchasers and no case is made out against them. He
further submits that the dispute relates to civil nature and
petitioners have already filed a suit bearing Title Suit No.275 of
2025. Petitioner nos. 1 and 3 have no criminal antecedent and
petitioner no.2 has one criminal antecedent in which he is on
bail. The petitioners undertake to cooperate in the investigation
and the trial.
5. Learned counsel for the informant and learned A.P.P.
for the State oppose the prayer for anticipatory bail of
petitioners by contending that despite the knowledge that the
land in question belongs to the informant, petitioners had
purchased the said land.
6. Considering the facts and circumstances of the case,
submissions of learned counsel for the parties, nature of
allegation against the petitioners as well as the fact that a title
suit is going on between the parties, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioners be released on bail on furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Samastipur in connection with Samastipur Town
Patna High Court CR. MISC. No.13960 of 2026(3) dt.06-05-2026
3/3
P.S. Case No.193 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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