Patna High Court
Namonarayan JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 120B, 406, 419, 420
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/-
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