Created by Fuzzy Cloud

Patna High Court

Kashinath MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The anticipatory bail application is allowed.

Summary

The petitioner, Kashinath Mishra, sought anticipatory bail fearing arrest in a criminal case (PS No. 314/2025) involving multiple offences under the Bihar Negotiable Sale Act, 2023. He alleged that the informant, a cousin, falsely implicated him over a land dispute where the informant claimed the petitioner sold land belonging to the informant’s family. The petitioner argued that the civil remedy of contesting the sale deed should have been pursued instead of filing an FIR. The State opposed the bail, but the court considered the petitioner's claim of false implication and the need to prevent undue arrest. Relying on Section 482(2) of the Act, the court ordered that the petitioner be released on anticipatory bail upon furnishing bail bonds and sureties. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Negotiable Sale Act, 2023.
  • Whether the allegations in the FIR constitute false implication warranting bail.
  • Whether the civil remedy for land dispute precludes criminal prosecution.

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • criminal procedure
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14449 of 2026
                    Arising Out of PS. Case No.-314 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Kashinath Mishra Son of Late Dharmnath Mishra R/o Village - Takkitpur, P.S.
                 - Maharjganj, Dist. - Siwan(Bihar).

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhijeet Gautam, Advocate
                 For the Opposite Party/s :      Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 318(4), 336(3), 61(2), 352, 351(2) and 3(5) of the BNS,

                   2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case, as would manifest from

                   the pleadings made in the supplementary affidavit and the

                   informant alleges that his co-villager, Ramdev on 03.06.2025

                   got a land registered from his cousin brother, the informant on

                   coming to know about the same reached the Registry office,

                   Maharajganj and requested his cousin brother (petitioner) not to

                   register the land, as the land was purchased by his father and
Patna High Court CR. MISC. No.14449 of 2026(2) dt.31-03-2026
                                            2/3




          uncle in the year 1962 from Brij Nandan and Raghunandan

          Pathak, but informant was assaulted by petitioner and Ramdev

          and was also threatened, thus, he fled from the place of

          occurrence.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, it is next submitted that informant and petitioner are

          cousin brothers and from perusal of the allegation as alleged in

          the FIR, it would manifest that the informant alleges that

          petitioner sold the land of his father and uncle. It is further

          submitted that the land belongs to the petitioner also and if

          informant is aggrieved by the fact that the sale deed in favour of

          Ramdev has been executed by the petitioner with respect to a

          land which belongs to the informant, in that event the informant

          ought to have moved a Court of competent civil jurisdiction for

          getting the sale deed cancelled instead of instituting an FIR with

          a view to coerce the petitioner into submission. It is also

          submitted that had the informant moved before a Court of

          competent civil jurisdiction for getting the sale deed cancelled,

          the petitioner would have got an opportunity to rebut the claim

          of the informant.

                       5. Learned       A.P.P.    for     the   State   opposes   the
            Patna High Court CR. MISC. No.14449 of 2026(2) dt.31-03-2026
                                                        3/3




                      anticipatory bail application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, in the

                      event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

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

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/successor court in connection

                      with Maharajganj P.S. Case No. 314 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.