Shivakant PandeyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2387 of 2026
                    Arising Out of PS. Case No.-156 Year-2025 Thana- ARERAJ District- East Champaran
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                 Shivakant Pandey Son of Late Yogendra Pandey Resident of Village - Sareya,
                 P.S. - Harsidhi, District - East Champaran.

                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhurendra Kumar, Adv.
                 For the informant        :        Mr. Madhurendra Kumar, Adv.
                 For the State            :        Ms.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   24-02-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Areraj P.S. Case No. 156 of 2025 dated 16.07.2025

                   registered for the offences punishable under Sections 126(2),

                   115(2), 316(2), 318(4), 338, 336(3), 340(2) and 3(5) of the

                   B.N.S.

                                 3. The allegation against the petitioner is that he had

                   executed sale deed beyond the share which he was given as per

                   the partition.

                                 4. The learned counsel for the petitioner submits that a
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          completely civil dispute has been given a criminal colour and

          moreover, the allegation of selling extra land beyond his share is

          also wrong as he has further share remaining in the said plot. It

          has further been submitted that even if the allegation is taken on

          its face value, the remedy which lies before the informant is to

          file a suit for cancellation of the sale deed and not the present

          F.I.R. It has lastly been submitted that the petitioner has clean

          antecedent.

                       5. The learned A.P.P. for the State and learned counsel

          for the informant have vehemently opposed the prayer for

          anticipatory bail of the petitioner and submits that the petitioner

          has played fraud with the informant by selling land beyond what

          had been given to him in the share of the said plot. It has further

          been submitted that the petitioner has created a forged sale deed

          and therefore, he should not be granted the liberty of

          anticipatory bail.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioner, above named, is directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
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          with two sureties of the like amount each to the satisfaction of

          the learned Court below where the case is pending/successor

          court in connection with Areraj P.S. Case No. 156 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure read with corresponding

          Section 482(2) of BNSS as well as subject to the following

          conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                        (iv) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the

          above mentioned order shall not be delayed for purpose of or in

          the name of verification.
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                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T