Created by Fuzzy Cloud

Patna High Court

Smt. Shanti DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                        3/3




                                   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


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.