Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed anticipatory bail to the petitioners subject to bail bonds and sureties under Section 482(2).
Summary
The petitioners, members of the Sahni family, applied for anticipatory bail fearing arrest in a case registered under Sections 137(2) and 87 of the Bihar Negotiable Sale Act, 2023. They claimed to have clean antecedents and alleged that the complaint was fabricated by an informant due to a marriage dispute involving the informant's daughter and Sujit Kumar. The victim’s statement, recorded under Section 183 of the same Act, was contested as unreliable, and the petitioners asserted that the parties had reached a compromise. The State opposed the anticipatory bail, arguing the seriousness of the offences. After considering the submissions, the court held that the petitioners could be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2). The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bihar Negotiable Sale Act, 2023 despite the pending charges under Sections 137(2) and 87.
- Whether the victim's statement recorded under Section 183 is reliable enough to deny bail.
- Whether the alleged compromise between parties negates the necessity of detention.
Legislation cited
- Bihar Negotiable Sale Act, 2023 — s. 137(2), 182, 183, 482(2), 87
Subjects
- anticipatory bail
- false implication
- marriage dispute
- Section 137(2)
- Section 87
- Section 482(2)
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19798 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- PARSA District- Saran
======================================================
1. Sujit Kumar Son of Birendra Sahni Resident of Village -Pachbhinda PS-
Taraiya Dsit -Saran
2. Santosh Sahni son of Surendra Sahni Resident of Village -Pachbhinda PS-
Taraiya Dsit -Saran
3. Sikanti Devi Wife of Surendra Sahni Resident of Village -Pachbhinda PS-
Taraiya Dsit -Saran
4. Birendra Sahni Son of Parchit Sahni Resident of Village -Pachbhinda PS-
Taraiya Dsit -Saran
5. Surendra Sahni son of Surya Sahni Resident of Village -Pachbhinda PS-
Taraiya Dsit -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 29-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 137(2) and
87 of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
3 is a woman and the informant alleges that her daughter aged
about 19 years on 16.10.2025 had gone to appear for B.A.
Patna High Court CR. MISC. No.19798 of 2026(4) dt.29-06-2026
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examination, but did not return, next alleges that her daughter’s
marriage was fixed with Sujit, but her daughter refused to marry
Sujit since she came to know that he is a drunkard, hence
accused persons had threatened, thus, alleges that accused
persons abducted her daughter.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant on account of dispute relating to marriage. It is
next submitted that Sujit was not willing to marry the daughter
of the informant, as such, the marriage had broken, but then in
order to coerce Sujit and his family members into submission,
the present false case came to be instituted. It is further
submitted that no doubt the victim came back and her statement
was recorded under Section 183 BNSS, wherein she has
supported the case of the prosecution and has said that she was
kept in a dark room for two months and the accused persons
used to assault, it is thus submitted that the said statement of the
victim does not inspire confidence, as recorded in the order
impugned. It is next submitted that even parties have
compromised the case, as would manifest from Annexure-3 at
Page-13 to the supplementary affidavit.
5. Learned A.P.P. for the State opposes the
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anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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 Parsa P.S. Case No. 324 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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