Patna High Court
Bajrang Das @ Bajarang Das @ Mahanth Bajrang DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Petitioner Bajrang Das, a witness to a disputed sale deed, feared arrest in a land‑related case involving alleged forgery, conspiracy and extortion. The prosecution alleged that co‑accused forged a sale deed to sell the petitioner’s share of land and threatened the informant for money, charging him under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was merely a witness and not a beneficiary, and sought anticipatory bail, arguing that the co‑accused had already been granted such relief. The State opposed the bail. The High Court, after considering the facts, granted anticipatory bail subject to conditions under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioner who is a witness in a land‑dispute case involving alleged forgery and extortion.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 308(2), 318(4), 336(3), 338, 3(5), 351(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- forgery
- extortion
- criminal conspiracy
- witness
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3473 of 2026
Arising Out of PS. Case No.-475 Year-2024 Thana- DHAKA District- East Champaran
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Bajrang Das @ Bajarang Das @ Mahanth Bajrang Das S/o- Gorakh Das R/v-
Baraharwa Siwan Ps- Dhaka Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Dhaka P.S. Case No. 475 of 2024, F.I.R dated
12.11.2024 registered for the offences punishable under
Sections 336(3), 338, 318(4), 308(2), 303(2), 351(2) and 3(5) of
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant
claims exclusive title and possession over land of Khata No. 254
and 522, area 7 kathas, received through partition. His elder
brother, Shiv Shankar Prasad, had earlier filed title and partition
suits which were finally dismissed up to the appellate stage in
2014, with no further appeal. Despite this, on 23.01.2023, Shiv
Shankar Prasad and Rajesh Kumar Shrivastava allegedly
Patna High Court CR. MISC. No.3473 of 2026(2) dt.28-01-2026
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entered into a criminal conspiracy and fraudulently sold the
informant’s share of land by executing a forged sale deed in
favour of co-accused Seema Singh, with Rajesh Kumar
Shrivastava. It is further alleged that the accused also threatened
the informant and his brother with death unless ₹5,00,000/- was
paid as extortion.
4. Learned counsel for the petitioner submits that this
petitioner is said to be the witness of the sale deed, which is said
to have been executed by the Executor, who is also co-accused
in this case, namely, Shiv Shankar Prasad, for which title suit
and appeal was also filed between the parties, which was
dismissed. It has next been submitted that merely because the
petitioner was the witness to such sale deed, his name has been
roped in while he is not beneficiary in this case and furthermore,
Shiv Shankar Prasad and also his son Rajesh Kumar
Shrivastava, who is said to have been a conspirator, have been
allowed the privilege of anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
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7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 Sub Divisional Judicial Magistrate,
East Champaran, Motihari in connection with Dhaka P.S. Case
No. 475 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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