Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 308(2), 318(4), 336(3), 338, 340(2), 352, 482(2), 61(2)
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
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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
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condition as laid down under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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