Prasant AnandversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14360 of 2026
                        Arising Out of PS. Case No.-38 Year-2025 Thana- KADWA District- Katihar
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           1.     Prasant Anand, Son of Shankar Prasad Sah, R/o Permanent Add - Sonali
                  Bazar, P.S. - Kadwa, Dist. - Katihar(Bihar).
           2.    Shankar Prasad Sah, Son of Late Thakur Prasad Sah, R/o Permanent Add -
                 Sonali Bazar, P.S. - Kadwa, Dist. - Katihar(Bihar).

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Ram Das Kundoo, S/o Late Rohit Das Kundoo, Resident of Village Potni
                 Colony, Sonaili, P.S. Kadwa, Dist. Katihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sujit Kumar, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 For O.P. No. 2           :       Mr. Sanjeev Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   06-05-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection with

                   Kadwa P.S. Case No. 38 of 2025 dated 26.02.2025, registered

                   for the offence punishable under Sections 308(3), 318(4), 351(2)

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that an agreement

                   was entered in between the informant and the petitioners for

                   1.89.250 acres of land for consideration amount of Rs.

                   2,01,00,000/- and the informant paid Rs. 1,28,51,000/- to the

                   petitioners but the accused persons executed only 53 decimals
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          of land in favour of informant and others. When the informant

          asked accused petitioner no. 1 regarding the same, he demanded

          extortion money of Rs. 20 lakhs.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and they have been falsely implicated in

          this case. It is submitted that petitioner no. 1 is son of petitioner

          no. 2. It is submitted that the petitioner no. 1 was not aware

          about the prevailing market value of the property for which he

          had entered into an agreement of his costly land in lower value

          and the informant took benefit of the same. Thereafter,

          petitioner no. 1 immediately contacted the informant and asked

          to pay the price as per the prevailing market value or terminate

          the agreement. Petitioner no. 1 also sent a legal notice to the

          informant for breach of contract and cancellation of the

          agreement. Lastly, it has been submitted that petitioner no. 1 has

          clean antecedent and petitioner no. 2 has one criminal case

          against him.

                       5. Learned A.P.P. as well as learned counsel for the

          informant has opposed the prayer for bail of the petitioners.

                       6. Since the nature of dispute is of civil in nature, I am

          inclined to grant anticipatory bail to the petitioners.

                       7. Having considered the facts and circumstances of
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                      the case and submissions of learned counsel for the parties, in

                      the event of arrest / surrender of the petitioners within a period

                      of six weeks from today, in connection with Kadwa P.S. Case

                      No. 38 of 2025, they shall be released on anticipatory bail upon

                      furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

                      two sureties of the like amount each to the satisfaction of the

                      learned C.J.M., Katihar, subject to condition as laid down under

                      Section 482(2) of B.N.S.S..



                                                   (Khatim Reza, J)
prabhat/-

U       T