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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to surrender within six weeks and the furnishing of bail bonds and sureties.

Summary

Santosh Kumar was arrested in connection with a property dispute case (Ghoshi P.S. Case No. 614 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including extortion and criminal intimidation. The petitioner claimed he was a bona‑fide purchaser of the land from Naval Sharma, after payment and verification of title, and asserted that the allegations were false and motivated by a prior decree favoring the informant’s wife. The State opposed his bail, arguing the seriousness of the charges. The court examined the facts, the petitioner’s clean record, and the timing of the alleged extortion versus the sale deed. It ordered that, provided the petitioner surrenders within six weeks, he be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nyaya Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita.
  • Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • property dispute
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal offences
  • land purchase
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32591 of 2026
                       Arising Out of PS. Case No.-614 Year-2025 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Santosh Kumar, S/o Late Ramchandra Sharma, R/o Village- Bauri, P.S-
                 Hulasganj, Dist- Jehanabad.
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Anand, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   13-05-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Ghoshi P.S. Case No. 614 of 2025 dated 06.12.2025,

                   registered for the offence punishable under Sections 61(2),

                   308(2), 318(4), 338, 336(3), 340(2) and 352 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is that in

                   spite of preliminary as well as final decree in favour of the

                   informant’s wife, the petitioner in connivance with other

                   accused persons purchased the property belonging to

                   informant’s wife.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and he has been falsely implicated

                   in this case. It is submitted that the petitioner is the
Patna High Court CR. MISC. No.32591 of 2026(2) dt.13-05-2026
                                            2/3




          purchaser from Naval Sharma, who is the agnate of

          informant’s wife. It is submitted that the sale deed was

          executed after payment of consideration money and on

          seeing the title of the vendor. It is further submitted that the

          petitioner       is    a     bonafide        purchaser   for   valuable

          consideration. The allegation about extortion is dated

          24.07.2025 while the sale deed was executed on 04.08.2025

          which shows the malafide intention of the informant. There

          is land dispute between the informant’s wife and Naval

          Sharma. Lastly, it has been submitted that the petitioner has

          no criminal antecedent.

                       5. Learned A.P.P. has opposed the prayer for bail

          of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, in the event of arrest / surrender of the petitioner

          within a period of six weeks from today, in connection with

          Ghoshi P.S. Case No. 614 of 2025, he shall be released on

          anticipatory bail upon furnishing bail bonds of Rs. 10,000/-

          (ten thousand) with two sureties of the like amount each to

          the satisfaction of the learned C.J.M., Jehanabad, subject to
            Patna High Court CR. MISC. No.32591 of 2026(2) dt.13-05-2026
                                                        3/3




                      condition as laid down under Section 482(2) of B.N.S.S..



                                                   (Khatim Reza, J)
prabhat/-

U       T


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