Patna High Court
Suryakant VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioners are entitled to anticipatory bail, subject to the conditions imposed under the BNSS Act, 2023.
Summary
The petitioners, Suryakant Verma and Bhupendra Verma, sought anticipatory bail fearing arrest in a 2018 case alleging offences under Sections 467, 468, 447, 386, 323, 120(b) and 34 of the IPC related to a land‑sale dispute. They contended that they were bona‑fide purchasers of a portion of the complainant’s joint property sold by the complainant’s elder son and that they had no criminal antecedent. The State opposed bail, arguing that a genuine dispute existed over the legality of the land transaction. The Court examined the nature of the allegations, the absence of a clear prima facie case, and the purpose of anticipatory bail under the Bail in Non‑bailable Offences and Surrender (BNSS) Act, 2023. It granted anticipatory bail to the petitioners, subject to a bail bond of Rs.30,000 each and conditions under Section 482(2) of the BNSS Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the BNSS Act, 2023 in view of the alleged IPC offences.
- Whether the existence of a land‑sale dispute justifies denial of anticipatory bail.
- Whether the petitioners have a prima facie case against them that warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 120(b), 323, 34, 386, 447, 467, 468
Subjects
- anticipatory bail
- land dispute
- forgery
- Indian Penal Code
- Bail in Non-bailable Offences and Surrender Act
- property sale
- joint property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21906 of 2026
Arising Out of PS. Case No.-1309 Year-2018 Thana- BIHTA District- Patna
======================================================
1. Suryakant Verma S/o Late Ranvijay Verma R/o Village - Bhagwatipur, P.S -
Bihta, District - Patna
2. Bhupendra Verma S/o Late Ranvijay Verma R/o Village - Bhagwatipur, P.S -
Bihta, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushila Devi W/o Late Sakaldeo Singh R/o Village - Srirampur, P.O and P.S
- Bihta, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Atul Dayal, Adv.
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Bihta P.S. Case No.1309 of 2018 lodged on
23.11.2018, for the offences punishable under Sections 467,
468, 447, 386, 323, 120(b) and 34 of the IPC.
3. As per the prosecution, FIR has been lodged against
nine named accused persons including the present petitioners
against whom there is allegation that by virtue of complaint,
complainant has lodged FIR and made accused to his elder son,
his wife and purchasers alleging that plot of the complainant has
Patna High Court CR. MISC. No.21906 of 2026(2) dt.08-04-2026
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been sold by his son to the petitioners.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel also submits that the elder son of the complainant has
sold part of the property to the petitioners. He further submits
that they are purchasers and completely innocent. He further
submits that it is basically a joint property and out of 6 katha 10
dhur in which one katta to petitioner No.1 and one katha 10
dhur to petitioner No.2 have been sold by the son of the
complainant separately.
5. Counsel submits that the criminal antecedent of the
petitioners is clean.
6. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that there is dispute of selling
of land between the parties.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of ACJM, Danapur in connection with Bihta P.S.
Patna High Court CR. MISC. No.21906 of 2026(2) dt.08-04-2026
3/3
Case No.1309 of 2018, subject to the conditions as laid down
U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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