Patna High Court
Nagendra Nath @ Nagendra Nath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the dispute is essentially civil and granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, three brothers, sought anticipatory bail after an FIR alleged they refused to register land in the informant’s name and to return Rs 2 lakh, invoking Sections 316(2), 318(4) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. They contended that no agreement existed with them, that the deal was with a third person, Neeraj Kumar, and that they had already returned Rs 1 lakh and were willing to return the balance. The State opposed the bail, insisting the FIR disclosed criminal conduct. The Court examined the factual matrix, held that the dispute was essentially civil and that the petitioners showed willingness to make full restitution. Accordingly, it granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and a four‑week surrender condition under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the allegations under Sections 316(2), 318(4) and 3(5) of the BNSS constitute a criminal offence warranting denial of anticipatory bail.
- Whether the matter is a civil dispute, rendering anticipatory bail inappropriate.
- Whether Section 438 of the Cr.P.C. and Section 482 of the BNSS can be invoked to grant anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 316(2), 318(4), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- civil dispute
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- bail bond
- land registration dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3070 of 2026
Arising Out of PS. Case No.-474 Year-2024 Thana- RAJAON District- Banka
======================================================
1. Nagendra Nath @ Nagendra Nath Sah Son of Late Kedar Nath Sah @ Late
Kedar Sah Residentof Mohalla- Vikramshila Colony Ramshar, Urdu Bazar
Road, Bhagalpur Bihar
2. Vishwanath Bharti Son of Nagendra Nath @ Nagendra Nath Sah Residentof
Mohalla- Vikramshila Colony Ramshar, Urdu Bazar Road, Bhagalpur Bihar
3. Om Nath Bharti Son of Nagendra Nath @ Nagendra Nath Sah Residentof
Mohalla- Vikramshila Colony Ramshar, Urdu Bazar Road, Bhagalpur Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Singh, Advocate
: Mr. Magan Kumar, Advocate
: Ms. Sandhya Kumari, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard Ms. Sandhya Kumari, learned counsel for the
petitioners and Mrs. Pushps Sinha, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 316(2),
318(4) and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners refused to register the land in the name of the
informant and refused to give back amount of Rs.2 lakh taken
from the informant.
4. Learned counsel for the petitioners submits that as a
Patna High Court CR. MISC. No.3070 of 2026(2) dt.28-01-2026
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matter of fact, no such agreement had been made between the
informant and the petitioners and rather the agreement was
made with one Neeraj Kumar and the informant went in
connivance with the said Neeraj Kumar and got the money
deposited. It is also a fact that the petitioners have already
returned Rs.1 lakh to the informant which will be evident from
the Annexure-P/3 and they are even agreeable on returning the
rest of amount of Rs.1 lakh in the account of the informant.
Learned counsel has submitted that the allegations involves civil
dispute and no criminal case is made out against the petitioner.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the civil nature of dispute
between the parties as also the willingness showed by the
petitioner to return the remaining amount of Rs.1 lakh to the
informant, let the above named petitioners, be released on bail,
in the event of their arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.3070 of 2026(2) dt.28-01-2026
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Court below where the case is pending/successor Court in
connection with Rajoun P.S. Case No. 474 of 2024, subject to
the condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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