Patna High Court
Amit DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Amit Das, sought anticipatory bail fearing arrest in a complaint (No. 6567 of 2023) alleging offences under IPC sections 323, 387, 406, 420, 467 and 120(B) relating to a land‑sale dispute. The prosecution alleged that the complainant had given money for land purchase but the accused failed to execute the sale deed. The petitioner contended he was falsely implicated, had not signed the sale agreement despite his name appearing as vendor, and possessed a clean antecedent. The State opposed the bail on the ground of the serious nature of the allegations. The High Court, after considering the facts, allowed the anticipatory bail, directing release on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the IPC.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Indian Penal Code
- land sale fraud
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31262 of 2025
Arising Out of PS. Case No.-6567 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Amit Das S/o Late Chandu Das Resident of Near Universal Sound, P.S.-
Kankarbagh, District- Patna, Bihar At present residing at B/132 Housing
Colony Kankarbagh, P.S.- Kankarbagh, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Sinha S/o Late Kapileshwar Prasad Sahay R/o Slum 36,
Kankerbagh Colony, Near Panch Mandir, Lohia Nagar, P.S.- Kankerbagh,
Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amaresh Kumar Sinha, Advocate
Mr.Vaibhav Narayan, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 6567(C) of 2023
registered for the offence under Sections 323, 387, 406, 420,
467, 120(B) of Indian Penal Code.
3. As per the prosecution case, the complainant has
given money to the accused persons for purchase of land, but
after taking money, accused persons did not execute the sale
deed in the complainant’s name and due to this reason, the
present complaint case has been filed.
Patna High Court CR. MISC. No.31262 of 2025(3) dt.10-03-2026
2/2
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. It is next submitted that petitioner has
not signed the agreement for sale, although his name has been
mentioned in the body of the agreement for sale in the column
of vendor. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate First Class, Patna/ concerned Court below in
connection with Complaint Case No. 6567 of 2023, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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