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Patna High Court

Namonarayan JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and sureties, on the ground that the dispute is civil in nature.

Summary

The petitioner, Namonarayan Jha, sought anticipatory bail in a case arising from a land sale dispute where he was implicated under IPC sections 406, 419, 420 and 120B. The prosecution alleged that the petitioner and an associate had received Rs.58 lakh for land, with Rs.22 lakh remaining unpaid, leading to a civil dispute over the money and the land. The petitioner claimed innocence, stating the matter was purely civil and that the informant filed the criminal case to pressure him for payment. The State opposed the bail, but the court noted the civil nature of the dispute and the petitioner’s willingness to cooperate. Accordingly, the court granted anticipatory bail on the condition of a Rs.10,000 bond and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the allegations constitute a criminal offence or a civil monetary dispute.
  • Whether the petitioner is likely to flee, tamper with evidence, or obstruct the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • civil dispute
  • land sale
  • IPC sections 406 419 420 120B
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2830 of 2026
                   Arising Out of PS. Case No.-351 Year-2025 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 Namonarayan Jha S/o- Late Sachchidanand Jha R/v- Maharaji Hata Ps- K.
                 Hat, Dist- Purnea.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prabhat Kumar Singh, Advocate.
                                                 Mr. Raghav Kumar, Advocate.
                 For the Opposite Party/s :      Mr. Binod Kumar, A.P.P.
                 For the Informant        :      Mr. D. K. Pandey, Advocate.
                                                 Mr. Ramashish, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   01-04-2026                   1. Heard learned counsel for the petitioner, learned

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

                                 2. The petitioner apprehends his arrest in connection

                   with K. Hat P.S. Case No.351 of 2025 instituted under Sections

                   406, 419, 420, 120(B) of the Indian Penal Code.

                                 3. As per the prosecution case, there was a discussion

                   between informant and petitioner and one Subodh Thakur in

                   front of 3-4 other persons for sale of land. It is alleged that two

                   kattha of land were registered in the name of Subodh Thakur for

                   a consideration of Rs.30 Lakh. It is also alleged that wife of

                   informant, namely, Sonali Kumari registered 10 katthas of land

                   in favour of petitioner for a consideration of Rs.50 Lakh.
Patna High Court CR. MISC. No.2830 of 2026(3) dt.01-04-2026
                                            2/3




          Petitioner has paid paid a total of 58 lakhs and Rs.22 Lakh still

          remains to be paid and when informant started asking for the

          remaining money, he kept showing his inability to pay due to

          which a panchayati took place and a compromise was suggested

          to both the parties but the petitioner openly opposed the decision

          and clearly said that he would neither return the land nor the

          money.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that with respect to monetary dispute

          which is civil in nature, there is case and counter case between

          the parties with respect to same monetary transaction. Learned

          counsel submits that the informant has filed the present case

          only to pressurize the petitioner and other accused persons to

          extract money from them. He further submits that petitioner has

          one criminal antecedent, in which he is on bail and he

          undertakes to cooperate in the investigation and trial of the case.

          It is further pointed out that in order dated 18.12.2025 passed in

          Cr.. Misc. No.85587 of 2025 (arising out of K.Hat P.S. Case

          No.351 of 2025) Shri Gagan Chaudhary (informant of this case)

          submitted that he is ready and willing to refund an amount of

          Rs.27,00,000/- (Twenty Seven Lakh Rupees) to the petitioner
              Patna High Court CR. MISC. No.2830 of 2026(3) dt.01-04-2026
                                                          3/3




                        provided he return the land in question to him by executing

                        appropriate sale deed.

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

                        the informant opposes the prayer for anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation against the petitioner as well as the fact that

                        dispute between the parties is civil in nature, in the event of

                        arrest or surrender before the Court below within six weeks

                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount to each to the satisfaction of the

                        learned Chief Judicial Magistrate, Purnea/ concerned Court in

                        connection with K. Hat P.S. Case No.351 of 2025, subject to the

                        conditions laid down in Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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