Patna High Court
Hari Chandra Sah @ Hari Chandra Turaha @ Harichandra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court grants anticipatory bail to the petitioner subject to a bail bond of Rs.30,000 and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Hari Chandra Sah, was named in an FIR (Kalyanpur PS Case No. 267 of 2024) alleging forgery and fraudulent sale of land, invoking sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that the land in question belonged to his grandmother and that he had only sold his rightful share, which was contested in a pending partition suit. The petitioner, aged about 62, sought anticipatory bail, arguing innocence, familial ownership, and his age, while the State opposed the relief. The Court examined the nature of the alleged offences, the petitioner's personal circumstances, and the statutory provisions governing anticipatory bail. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 and comply with conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the alleged offences.
- Whether the petitioner's age, pending civil partition suit, and claim of ownership affect the grant of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 are appropriate in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 318(4), 336(3), 338, 340(2), 3(5), 482(2)
Subjects
- anticipatory bail
- forgery
- land fraud
- criminal procedure
- Bharatiya Nyaya Sanhita
- mutation
- partition suit
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15750 of 2026
Arising Out of PS. Case No.-267 Year-2024 Thana- KALYANPUR District- East Champaran
======================================================
Hari Chandra Sah @ Hari Chandra Turaha @ Harichandra Sah S/o- Prayag
Sah Resident of vill- Kalyanpur PS-Kalyanpur Dist- East Champaran bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Kalyanpur P.S. Case No. 267 of 2024 lodged on
08.08.2024, for the offence punishable under Sections 318(4),
338, 336(3), 340(2) & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner.
The case of prosecution, in brief, is that accused petitioner has
dishonestly get the name on the deed number 237 of Prayag
Turha and Sewak Turha which is in the name of his grandfather
namely Hiraman Sah by doing forgery and his land measuring
Patna High Court CR. MISC. No.15750 of 2026(2) dt.25-03-2026
2/3
13 Katha 9 dhur has also sold by accused petitioner by doing
Jalsazi out of which accused petitioner has sold 7 katha land to
Sharda Devi W/o Kirani Rai whose case number is 1017-
2024/2025 for which a petition has also been given by informant
to stop the mutation.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the land which was alleged to be sold is basically
the land of grand mother of the informant and wife of the
petitioner. He further submits that the informant’s side and the
petitioner’s side belongs to same family and the petitioner is
also entitled for half of the share in the said property. It is due to
this reason, a partition suit bearing Partition Suit Case No.
14/2020 is pending before the court of Sub-Judge-12, East
Champaran, Motihari. Counsel submits that the petitioner has
sold only 7 kattha land for which mutation was filed, but due to
objection filed in the mutation, it could not be acted upon.
Counsel further submits that the criminal antecedent of the
petitioner is not clean as there is one case pending against him
in which is on bail. Counsel also submits that the petitioner is
old man aged about 62 years and he has sold only the share
which belongs to him.
Patna High Court CR. MISC. No.15750 of 2026(2) dt.25-03-2026
3/3
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Additional
Chief Judicial Magistrate-IV, East Champaran, Motihari, in
connection with Kalyanpur P.S. Case No. 267 of 2024, subject
to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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