Patna High Court
Smt. Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners subject to specified conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioners, four individuals related to the informant, sought bail fearing arrest in a criminal case (K.B. P.S. Case No.53 of 2025) involving alleged offences under the Bharatiya Nagrik Suraksha Sanhita (BNS). The dispute centres on a land mutation where the informant’s mother allegedly excluded the petitioners, leading to a civil contention over ownership and a subsequent sale of the land. The petitioners argued that the matter is essentially civil and that the criminal charges are being used to exert pressure, while the State contended that the petitioners fraudulently sold the land. The Court examined the submissions and noted that the underlying issue is predominantly civil and pending before other forums. Consequently, the Court granted bail to the petitioners, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNS, including a condition that one bailor be a close family member.
Issues considered
- Whether bail should be granted to the petitioners in a case involving alleged offences under the BNS arising from a civil land dispute
- Whether the criminal allegations constitute an abuse of process given the civil nature of the underlying dispute
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 316(2), 316(3), 318(2), 318(4), 336(3), 338, 3(5), 482(2)
Subjects
- bail
- civil dispute
- land mutation
- fraud
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2725 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- Krishnabraham District- Buxar
======================================================
1. Smt. Shanti Devi W/O Sri Gopal Sah R/O Vill. and P.O. and P.S.-
Navanagar, Dist.- Buxar.
2. Smt. Malti Devi W/O Sri Mohan Prasad R/O Vill. and P.O. and P.S.-
Navanagar, Dist.- Buxar.
3. Bindeshwari Kumar S/O Gopal Ji Prasad R/O Vill. and P.O. and P.S.-
Navanagar, Dist.- Buxar.
4. Smt. Sarswati Devi W/O Sri Ajeet Kumar R/O Mohalla- Chiharujot Prakash
Nagar, Salugara, Ward no. 42, Siliguri, P.S.- Bhakti Nagar, Dist.- Jalpaiguri,
West Bengal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Sharma
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Krishna Brahma (K.B.) P.S. Case No. 53 of
2025, registered for the offences punishable under Sections
316(2)/316(3)/318(2)/318(4)/336(3)/338/3(5) of the BNS.
3. Allegedly, the informant’s mother has purchased a
land and during her lifetime she executed a partition deed where
she gave no share to the petitioners. However, the petitioners in
collusion with the Circle Officer and Karamchari get their name
mutated in the year 2022-23 against which the informant and his
Patna High Court CR. MISC. No.2725 of 2026(2) dt.04-02-2026
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brother have filed mutation appeal which was allowed and the
order of the Circle Officer was set aside. It is further alleged that
subsequently the petitioners have sold the land in favour of
some another accused person unauthorizedly.
4.Learned Advocate for the petitioners submitted that
the dispute involved in the present case is nothing but
predominantly civil in nature. However, only in order to put
pressure and wreak vengeance, the name of the petitioners, who
are none else but the sisters of the complainant/informant, has
been implicated. It is further submitted that as a matter of fact
the land in question was divided into three daughters and two
sons and consequently the same was mutated in the name of the
daughters as well and it was the bonafide share that they had
sold to the bonafide purchasers. It is further contended that so
far the purchasers of the land in question is considered, they
have been allowed the privilege of anticipatory bail by a
coordinate Bench of this Court in Cr. Misc. No. 3117 of 2026
vide order dated 28.01.2026.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
there is specific accusation against the petitioners that they have
fraudulently sold the land to the purchasers.
Patna High Court CR. MISC. No.2725 of 2026(2) dt.04-02-2026
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6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the materials available on record as well as the dispute which
appears to be predominantly civil in nature and for the
resolution of the same, the matters are pending before the
different forums, let the petitioners abovenamed be released on
bail, in the event of their arrest or surrender before the court
below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Buxar in connection with Krishna Brahma
(K.B.) P.S. Case No. 53 of 2025, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioners.
(Harish Kumar, J)
Anjani/-
U T
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