Patna High Court
Ramanand Yadav @ Ramanand Kumar@ Ramanad Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond, sureties and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioners sought anticipatory bail fearing arrest in a criminal case (Banjariya PS Case No. 11 of 2026) involving alleged offences under Sections 318(4), 338, 336(3), 340(2), 119(1) and 3(5) of the Bhartiya Nyaya Sanhita. They contended that they were merely purchasers of land sold by co‑accused and that the dispute was essentially civil, with no title suit filed to cancel the sale deed. The State, represented by the Additional Public Prosecutor, opposed the bail. The court examined the nature of the allegations and the petitioners' claim of being victims of circumstance. Considering the circumstances, the court granted anticipatory bail on the condition of a Rs.10,000 bail bond and two sureties, subject to the provisions of Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under the Bhartiya Nyaya Sanhita relating to a land dispute.
- Whether the dispute is essentially civil and thus not warranting criminal prosecution.
- Whether Section 482(2) of the Bhartiya Nyaya Sanhita authorises the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 119(1), 318(4), 336(3), 338, 340(2), 3(5), 482(2)
Subjects
- anticipatory bail
- land dispute
- civil vs criminal
- Section 482
- Bhartiya Nyaya Sanhita
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34647 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- BANJARIA District- East Champaran
======================================================
1. Ramanand Yadav @ Ramanand Kumar@ Ramanad Kumar Yadav S/o Late
Ram Balak Rai Resident of village - Mukhlishpur, P.S.- Banjariya, District-
East Champaran.
2. Uma Shankar Kumar Rai S/o Ram Kailash Rai Resident of village-
Lamauniya, P.S.- Banjariya, District- East Champaran.
3. Ravindra Yadav @ Ravindra Rai S/o Raghuvir Yadav Resident of village -
Lamauniya, P.S.-Banjariya, District- East Champaran.
4. Akhilesh Yadav S/o Bagar Yadav Resident of village- Sugaon Tola
Lamauniya, P.S.- Sugauli, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjeev Bahadur Singh S/o Late Rajendra Prasad Singh Resident of village -
Mukhlishpur, P.S.-Banjariya, District- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Banjariya P.S. Case No. 11 of 2026
registered for the offences punishable under Sections 318(4),
338, 336(3), 340(2), 119(1) and 3(5) of the Bhartiya Nyaya
Sanhita.
3. As per the prosecution case, petitioners are
allegedly purchasers of the land in question and the said land
Patna High Court CR. MISC. No.34647 of 2026(2) dt.19-05-2026
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has been sold to the petitioner by co-accused Dinesh Prasad
Singh and Raj Bihari Singh.
4. Learned counsel for the petitioners has submitted
that petitioners are themselves victim of circumstances as they
have purchased a litigation. It has further been submitted that
till date, no title suit has been filed for cancellation of the sale
deed executed in favour of the petitioners by their vendors. It
has further been submitted that the dispute is primarily civil in
nature which has been given the colour of a criminal case.
Learned counsel for the petitioner has lastly submitted that
petitioner no. 1 has been made accused in two other cases, but
not are of similar nature, while petitioner no. 4 has been also
made accused in one another case, but not of similar nature and
petitioner no. 2 and 3 have got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail 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 court
Patna High Court CR. MISC. No.34647 of 2026(2) dt.19-05-2026
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concerned in connection with Banjariya P.S. Case No. 11 of
2026, subject to conditions as laid down under section 482(2) of
the B.N.S.S.
7. The application stands allowed.
niku/rupa/- (Praveen Kumar, J)
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