Patna High Court
Munna Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court held that anticipatory bail should be granted as the case appears to be a civil dispute masquerading as a criminal proceeding, subject to standard bail conditions.
Summary
The petitioners, Munna Kumar Tiwari and Bimla Ojha, sought anticipatory bail fearing arrest in a case (Maharajganj P.S. Case No.314 of 2025) alleging offences under several sections of the Bihar Negotiable Sale Act, 2023. The prosecution alleged that the petitioners attempted to execute a sale deed, leading to an altercation with an informant who is a relative, and filed an FIR a month later. The petitioners contended that the matter was a family partition dispute, that they had no criminal antecedent, and that a similarly situated co‑accused had been granted anticipatory bail in a recent order. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the familial relationship, the civil nature of the dispute, and the precedent of the earlier bail order, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, verification of criminal antecedent, and compliance with Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case arising from a family partition dispute.
- Whether the allegations constitute an abuse of criminal law to settle a civil matter.
- Whether the precedent of granting bail to a similarly situated co‑accused warrants similar relief.
Subjects
- anticipatory bail
- family partition dispute
- Section 482
- civil dispute in criminal proceeding
- bail conditions
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20325 of 2026
Arising Out of PS. Case No.-314 Year-2025 Thana- MAHARAJGANJ District- Siwan
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1. Munna Kumar Tiwari Son of Devendra Tiwari Resident Of Village-
Masrakh, Ps- Masrakh, Dist- Sharan
2. Bimla Ojha Wife of Rajendra Kumar Ojha Resident Of Village- Asahni, Ps-
Rashulpur, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. appearing for the State.
2. The petitioners apprehend their arrest in connection
with Maharajganj P.S. Case No.314 of 2025, for having
allegedly committed offences under Sections 126(2), 115(2),
318(4), 336(3), 61(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. As per the prosecution case, lodged on the basis of
written report of the informant, it is alleged that on 03.06.2025
at the Registration Office, Maharajganj, the petitioners and
others went there and tried to execute sale deed. Upon
information, the informant reached there and tried to stop the
said execution of the sale deed for which an altercation took
Patna High Court CR. MISC. No.20325 of 2026(2) dt.08-04-2026
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place.
4. The learned counsel for the petitioners submits that
there is a dispute in the family with regard to partition of the
property and the petitioner no.1 is the cousin brother of the
informant, while the petitioner no.2 is the aunt (Fua) of the
informant. Although, the occurrence is said to have taken place
on 03.06.2025, but the FIR was lodged on 2.07.2025. The
dispute is going on in between the parties with regard to
partition of the ancestral properties and with a view to harass the
petitioners, the present case has been lodged. The petitioners
have got no criminal antecedent. It is also submitted that
similarly situated co-accused, namely, Kashinath Mishra has
been granted the privilege of anticipatory bail by a learned
Coordinate Bench of this Court vide order dated 31.03.2026,
passed in Criminal Miscellaneous No.14449 of 2026.
5. The learned A.P.P. for the State vehemently opposes
the prayer for bail.
6. Having heard the learned counsel for the parties
and considering the facts that there is a dispute with regard to
partition in the family and the petitioners are aunt (Fua) and
cousin brother of the informant, the present case has been filed
to settle the civil dispute through the criminal proceeding and
Patna High Court CR. MISC. No.20325 of 2026(2) dt.08-04-2026
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the fact that similarly situated co-accused, Kashinath Mishra has
been granted the privilege of anticipatory bail by a learned
Coordinate Bench of this Court vide order dated 31.03.2026,
passed in Criminal Miscellaneous No.14449 of 2026, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks, be released on 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 Additional Chief Judicial Magistrate-II, Siwan in
connection with Maharajganj P.S. Case No.314 of 2025, subject
to the conditions laid down under Section 482(2) of the B.N.S.S.
with a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioners and in case at any stage it is found
that the petitioners have concealed their criminal antecedent, the
court concerned shall take steps for cancellation of bail bonds of
the petitioners. However, the acceptance of bail bonds in terms
of the above-mentioned order shall not be delayed for purpose
of or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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