Created by Fuzzy Cloud

Patna High Court

Suryakant VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.