Patna High Court
Devendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
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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
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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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