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Patna High Court

Devendra SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the case appears to have been initiated purely out of a civil dispute and consequently granted bail to the petitioners.

Summary

The petitioners, who are the son and grandsons of the complainant, were named in an FIR alleging offences under several sections of the Bihar Negotiable Sale Act (BNS) for allegedly fraudulently transferring ancestral land. The petitioners contended that the dispute was essentially a civil matter concerning partition of family property and that the criminal complaint was filed to pressurise them. They sought bail, arguing that the criminal case was un‑warranted. The learned Assistant Public Prosecutor opposed bail. The Court observed that, on a prima facie basis, the prosecution appeared to be rooted in a civil dispute and therefore ordered the petitioners to be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to Section 482(2) of the Bihar Negotiable Sale and Settlement Act. The order effectively granted bail and directed compliance with the bail conditions.

Issues considered

  • Whether the criminal case instituted under Sections 318(4), 338, 336(3), 340(2), 117(7) and 61(1) of the BNS is maintainable or is merely a civil dispute over partition of ancestral property.
  • Whether bail should be granted to the petitioners in view of the nature of the allegations.

Subjects

  • bail
  • civil dispute
  • property partition
  • Section 482
  • Bihar criminal law
  • criminal prosecution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19050 of 2026
                   Arising Out of PS. Case No.-485 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
           1.     Devendra Sah S/O Lal Dev Sah R/O Vill.- Madapur Chaube, P.S-Sadar,Dist-
                  Muzaffarpur
           2.    OM Prakash Kumar S/O Devendra Sah R/O Vill.- Madapur Chaube, P.S-
                 Sadar,Dist- Muzaffarpur
           3.     Vipin Kumar S/O Devendra Sah R/O Vill.- Madapur Chaube, P.S-
                  Sadar,Dist- Muzaffarpur
                                                                  ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sanjeev Kumar
                 For the Opposite Party/s :     Mr. Anuj Kumar Shrivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   31-03-2026                     Heard the parties.

                                2.The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Sadar P.S.

                   Case No. 485 of 2025 registered for the offences

                   punishable under Sections 318(4), 338, 336(3), 340(2),

                   117(7), 61(1) of BNS.

                                3. As per FIR, which is founded upon complaint

                   case no. 5543 of 2024 as filed before learned CJM,

                   Muzaffarpur, all the petitioners, where petitioner no. 1 is

                   son and petitioner no. 2 and 3 are grandson of the
Patna High Court CR. MISC. No.19050 of 2026(2) dt.31-03-2026
                                            2/3




          complainant/ informant, fraudulently transferred/ sold

          his land.

                       4. It is submitted by learned counsel appearing

          for petitioners that the complainant/ informant is the

          father of petitioner no. 1 and grandfather of petitioner

          no. 2 and 3. It is pointed out that when informant

          transferred the ancestral property in excessive to other

          co-sharers, who are the brother of the petitioner no. 1,

          the objection was raised by the petitioners, and

          therefore, the present criminal complaint was lodged. It

          is submitted that dispute is primarily civil in nature qua

          partition of family property, and therefore present

          criminal case is completely un-occassioned and un-

          warranted. It is submitted that petitioners further found

          involved in one more criminal case, with same

          complainant/ informant, where they are on bail.

                       5. Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submissions and

          by taking note of fact as present criminal prosecution
            Patna High Court CR. MISC. No.19050 of 2026(2) dt.31-03-2026
                                                        3/3




                      prima-facie appears initiated purely out of civil dispute

                      qua partition of ancestral family property, accordingly all

                      above-named petitioners, in the event of their arrest or

                      surrender before the court below within a period of four

                      weeks, are directed to be released on bail, furnishing bail

                      bond of Rs. 10,000/- (Rupees Ten Thousand) each with

                      two sureties of the like amount each to the satisfaction

                      of the learned CJM, Muzaffarpur/ concerned Court,

                      where the case is pending in connection with Sadar P.S.

                      Case No. 485 of 2025, subject to the conditions as laid

                      down under Section 482(2) of BNSS.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-
U       T


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