Patna High Court
Shriman NarayanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, finding no sufficient evidence of his participation in the alleged offences.
Summary
The petitioner, Shriman Narayan, sought anticipatory bail after being implicated in a case (Criminal Miscellaneous No.18960 of 2026) alleging offences under Sections 316(2), 318(4) and 3(5) of the B.N.S., 2023 relating to a land sale dispute. The informant claimed that the petitioner facilitated an agreement between the informant and a seller, Rajesh, but that the sale deed contained incorrect boundaries and that the petitioner was involved in the subsequent demolition of the boundary wall. The petitioner contended that he merely introduced the parties, that the sale was completed by Rajesh, and that he had no role in the alleged cheating or demolition. The Additional Public Prosecutor opposed the bail but could not refute the petitioner’s claim that he was not culpable for the boundary error. The court, after considering the submissions, held that there was insufficient material to justify denial of bail and granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the Cr.P.C. to the petitioner accused of offences under Sections 316(2), 318(4) and 3(5) of the B.N.S., 2023?
- Whether the petitioner’s role of merely introducing the informant to the seller can be construed as participation in the alleged cheating and demolition of the boundary wall.
Legislation cited
- B.N.S.S. — s. 316(2), 318(4), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- cheating
- sale deed
- land transaction
- B.N.S. offences
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18960 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Shriman Narayan S/O Nirmal Singh @ Nirmal Kumar Sharma R/O Village-
Kinari, P.S.- Salarpur, P.S.- Jahanabad, Dist.- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shashi Shekhar Saroj S/O Late Radhaballabh Rakesh R/O Village- Kinari,
P.O.- Salarpur, P.S.- Jahanabad, Dist.- Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 316(2),
318(4) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on 14.02.2025, he entered into an agreement for sale with
Rajesh for purchasing a piece of land at the instance of the
petitioner, the money was paid in cash and by bank transfer, but
in the sale deed the amount entered was less than what was
given, the sale deed recorded incorrect boundaries, after
Patna High Court CR. MISC. No.18960 of 2026(2) dt.06-04-2026
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execution of the sale deed boundary was constructed, but after
four years the boundary was demolished on the pretext that
boundary was incorrect, thus, alleges that cheating was resorted
to by the accused persons and earlier petitioner in similar
manner had cheated Ramakant Pandey.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that since Rajesh was known
to the petitioner and Rajesh intended to sell a piece of land, as
such, petitioner introduced the informant to Rajesh and
thereafter some amount was credited in the account of the
petitioner by the informant for giving to Rajesh and Rajesh after
receiving the amount executed the sale deed in favour of the
informant. It is next submitted that the informant does not
dispute the sale of land but then alleges that the boundaries in
the sale deed were incorrectly recorded and, thus, after four
years, the accused persons, excluding the petitioner, came and
demolished the boundary wall. It is also submitted that it was
not the petitioner who was involved in demolition of the
boundary wall of the informant over his purchased land.
5. Learned Additional Public Prosecutor for the State
and learned counsel appearing on behalf of the informant
Patna High Court CR. MISC. No.18960 of 2026(2) dt.06-04-2026
3/3
opposed the prayer for anticipatory bail of the petitioner but
then are not in a position to rebut the submissions of the learned
counsel appearing on behalf of the petitioner that petitioner
merely introduced the informant with Rajesh who intended to
sell a piece of land and Rajesh after receiving the entire
consideration executed the sale deed and the petitioner cannot
be faulted if the boundary in the sale deed was incorrectly
recorded.
6. After hearing the learned counsel for the parties, let
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 Phulwari Sharif
(Janipur) P.S. Case No. 249 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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