Patna High Court
Ashok Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioners, directing them to furnish a bail bond and sureties.
Summary
The petitioners, Ashok Kumar Verma and Lokesh Kumar, applied for anticipatory bail fearing arrest in a criminal case (Maharajganj PS Case No. 314 of 2025) filed under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioners were involved in the sale of land belonging to the informant’s father and uncle and that the informant was abused and threatened, claiming the petitioners are witnesses on the sale deed. The petitioners contend they have been falsely implicated, that the dispute is purely civil, and they have no benefit from the sale, undertaking to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the Court held that the allegations did not warrant denial of bail and ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to conditions of the Additional Chief Judicial Magistrate‑II, Siwan. The order effectively grants anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the allegations of land sale and alleged threats.
- Whether the petitioners are merely witnesses in a civil dispute and thus not liable to be arrested under the criminal provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 318(4), 336(3), 3(5), 351(2), 352, 61(2)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- land dispute
- Bharatiya Nyaya Sanhita
- sections 126, 115, 318, 336, 61, 352, 351, 3
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24911 of 2026
Arising Out of PS. Case No.-314 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Ashok Kumar Verma S/o- Late Haruni Bhagat @ Late Haruni Verma
Resident Of Village- Ushari, Ps-G B Nagar, (Tarwana), Dist.-Siwan
2. Lokesh Kumar S/o- Vivekanand Singh R/v- Pasiwarh Ps- Daraunda Dist-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Maharajganj P.S. Case no. 314 of 2025 registered under
sections 126(2), 115(2), 318(4), 336(3), 61(2), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the land belonging to
and in the name of informant’s father and uncle were sold by the
accused persons. On protest by the informant, it is stated that he
was abused and threatened. The informant further states that the
petitioners herein are witnesses on the sale deed.
Patna High Court CR. MISC. No.24911 of 2026(2) dt.22-04-2026
2/2
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. Accepting
the allegations levelled in the FIR for the sake of argument, the
petitioners are not the beneficiaries of the said sale and the
matter relates to purely civil dispute. The petitioner has no
concern with the same. The petitioners undertake to cooperate in
the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioners in the F.I.R., in the facts of the case, it is directed that
both the petitioners above named, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Maharajganj P.S. Case no. 314 of 2025 on each of them
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to satisfaction of the
learned Additional Chief Judicial Magistrate-II, Siwan.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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