Created by Fuzzy Cloud

Patna High Court

Ashok Kumar VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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.