Patna High Court
Navratan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that both petitioners be released on regular bail with a bond of Rs.10,000 and two sureties each.
Summary
Navratan and Shivratan Prasad were arrested in connection with a land‑sale dispute where the informant alleged that they received an advance of Rs.52 lakh for a 13‑kattha property but failed to execute the registered sale deed within the agreed 11‑month period. The FIR, filed on 8 October 2025, charged them under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to cheating, fraud and criminal intimidation. The petitioners contended that the matter was purely a civil dispute and that they were falsely implicated, seeking regular bail after being in custody since 7 February 2026. The State opposed bail, arguing that the allegations involved a substantial cheating of the informant. After hearing both sides, the Court held that the nature of the allegations and the length of custody warranted bail and ordered that both petitioners be released on regular bail with a bond of Rs.10,000 and two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the case is essentially a civil land‑dispute and thus warrants bail.
- Whether the duration of custody without trial justifies bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 316(2), 318(4), 336(3), 336(4), 338, 340(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- land dispute
- cheating
- fraud
- Bharatiya Nyaya Sanhita
- civil dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29326 of 2026
Arising Out of PS. Case No.-695 Year-2025 Thana- GAURICHAK District- Patna
======================================================
1. Navratan Prasad Son of Devlal Rai @ Devlal Singh R/o Village Khushal
Chak, Post - Chipura, P.S Gaurichak, District Patna
2. Shivratan Prasad Son of Devlal Rai @ Devlal Singh R/o Village Khushal
Chak, Post - Chipura, P.S Gaurichak, District Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the State : Mr. Mritunjay Kumar Nirala, APP
For the Informant : Mr. Princy Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Gaurichak P.S. Case no.
695 of 2025 registered under sections 318(4), 316(2), 338,
336(3), 336(4), 340(2), 126(2), 115(2), 352, 351(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the father of the petitioners entered into an agreement for
sale of property of a total area of 13 katthas of land at the rate of
Rs.12 Lacs per kattha after which an advance of Rs.52 Lacs was
paid by the informant to the petitioners. The petitioners and their
father having denied to execute the registered document has led
Patna High Court CR. MISC. No.29326 of 2026(2) dt.07-05-2026
2/3
to the informant filing of the instant case.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case which is one
purely of civil/land dispute between the parties. It is submitted that
accepting the allegations levelled in the FIR for the sake of argument,
the agreement between the parties has been brought on record as
Annexure-P/2 to the bail petition. From the contents thereof, it would
transpire that the registered sale deed was to be executed within 11
months of the date of the agreement between the parties i.e. on or
before 3.5.2026. However, soon after entering into this agreement
and even without waiting for the 11 months to pass, the FIR was
registered by the informant against the petitioners on 8.10.2025 itself.
It is thus submitted that it is a fit case for grant of bail. The petitioners
are in custody since 7.2.2026 and undertake to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that there is direct allegation
against the petitioners of having cheated the informant of a large
sum of money.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegations against the
Patna High Court CR. MISC. No.29326 of 2026(2) dt.07-05-2026
3/3
petitioners in the FIR together with the petitioners having
remained in custody since 7.2.2026, the Court directs that both the
petitioners be enlarged on bail in connection with Gaurichak P.S.
Case no. 695 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, Patna City, Patna.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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