Patna High Court
Ravi ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the petitioner’s alleged conduct stemmed from a civil dispute and did not constitute a criminal offence under the cited sections.
Summary
Petitioner Ravi Thakur sought anticipatory bail after learning that he might be arrested in a case registered under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the B.N.S. The prosecution alleged that the informant's cousin fraudulently sold the informant's land to Puja Devi through a registered deed, and the petitioner was implicated as a witness to the deed. The petitioner contended that he was neither a vendor nor a vendee and that the dispute was purely civil, thus not attracting criminal liability. The State opposed the bail, arguing the seriousness of the accusations. The Court, after considering the general and omnibus nature of the accusations and the lack of direct involvement by the petitioner, granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is liable to be arrested under the alleged criminal provisions.
- Whether anticipatory bail can be granted when the alleged acts arise from a civil land dispute.
- Whether the petitioner’s role as a witness makes him culpable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- criminal liability
- civil dispute
- land sale
- false implication
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18044 of 2026
Arising Out of PS. Case No.-371 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Ravi Thakur S/o- Naresh Thakur Village- Badharwa PS- Kotwa, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Roshan Kumar, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 318(4),
338, 336(3), 340(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that cousin
brother of informant fraudulently sold the land of informant in
favour of one Puja Devi through registered sale deed without
any right, title or possession.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.18044 of 2026(2) dt.15-04-2026
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committed no offence. Petitioner has falsely been implicated in
this case merely because he happens to be witness to the sale
deed in question. Petitioner is neither vendor nor vendee.
Moreover, the dispute is with regard to sale and purchase of
land, which is purely civil in nature and none of the acts
allegedly committed by this petitioner would give rise to any
criminal liability.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 1st Class, East
Champaran, Motihari in connection with Kotwa P.S. Case No.
371 of 2025, subject to condition as laid down under Section
Patna High Court CR. MISC. No.18044 of 2026(2) dt.15-04-2026
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482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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