Patna High Court
Solen Dey @ Guddu @ Shailesh DeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, granting bail subject to the stipulated conditions.
Summary
The petitioner, Solen Dey, was implicated in Beur P.S. Case No. 100 of 2023 for alleged offences under IPC Sections 406, 420, 379 and 506/34, accused of taking Rs 20 lakh from an informant for a land transfer that was never executed. He argued that the matter was essentially a civil, monetary dispute and that he was innocent, offering to repay the full amount in monthly instalments of Rs 1 lakh. The State and the informant raised no objection to his contention. The High Court examined whether anticipatory bail could be granted despite the seriousness of the alleged offences and the civil nature of the underlying dispute. Relying on Section 482(2) of the CrPC, the Court granted anticipatory bail on a bond of Rs 10,000 with two sureties and imposed conditions including a repayment schedule and a prohibition on tampering with evidence. The order is prima‑facie and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under IPC Sections 406, 420, 379 and 506/34
- Whether the civil nature of a land‑transaction dispute precludes criminal prosecution
- Whether repayment of the alleged amount can be imposed as a condition of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 379, 406, 420, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- Section 406
- Section 420
- Section 379
- Section 506
- Criminal Procedure Code
- Section 482
- land fraud
- civil dispute
- bail conditions
- repayment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38907 of 2025
Arising Out of PS. Case No.-100 Year-2023 Thana- BEUR District- Patna
======================================================
Solen Dey @ Guddu @ Shailesh De S/O Bharati Dey R/O Sipara Matkhan,
P.S- Beur, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ganga Sagar Gupta S/O Late Hiralal Gupta @ late Hiralal R/O Chandmari
Road, P.S- Kankarbag, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
Mr. Kundan Kumar Ojha
Mr. Kumar Abhishek
Mr. Navneet Prabhakar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
10 18-06-2026 Heard the learned counsel for the petitioner, the
learned APP for the State and the learned counsel for the
informant.
2. The petitioner apprehends arrest in connection with
Beur P.S. Case No. 100 of 2023, registered for offences under
Sections 406, 420, 379, 506/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged
to have taken money from the informant for the purpose of
transfer of land but subsequently failed to execute the
registration of the said land.
4. Learned counsel for the petitioner submits that the
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petitioner is quite innocent and has been falsely implicated in
the present case. It is further submitted that the dispute between
the parties is essentially of a civil and monetary nature arising
out of a land transaction. It is also submitted that the petitioner
is ready and willing to return the entire alleged amount of Rs.
20,00,000/- (Rupees Twenty Lakh) to the informant in monthly
installments of Rs. 1,00,000/- (Rupees One Lakh) each.
5. Learned APP for the State and the learned counsel
for the informant have no objection to the above contention of
the learned counsel for the petitioner.
6. Having regard to the facts and circumstances of the
case, particularly the nature of allegations and the submissions
made on behalf of the petitioner, this Court is inclined to grant
the privilege of anticipatory bail.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today before
the learned Court below, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Beur P.S. Case No. 100 of 2023,
subject to the conditions as laid down under Section 482(2) of
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the BNSS and with further conditions that:
(i) The petitioner shall file an affidavit
before the learned Court below clearly undertaking
to repay a sum of Rs. 20,00,000/- (Rupees Twenty
Lakh) to the informant.
(ii) The said amount shall be repaid in
monthly installments of Rs. 1,00,000/- (Rupees One
Lakh) each commencing from the first month after
release on bail and continuing till full repayment.
(iii) The petitioner shall not default in
payment of any installment, and in case of default,
it shall be open to the informant to bring the same
to the notice of the learned Court below for
appropriate action in accordance with law.
(iv) The petitioner shall not, during the
pendency of the case, tamper with the evidence or
influence the witnesses in any manner whatsoever.
8. It is made clear that any observation made herein is
purely prima facie in nature and confined to the disposal of the
present anticipatory bail application. The same shall not be
construed as an expression on the merits of the case and shall
not influence the trial in any manner.
9. The application stands allowed.
(Sandeep Kumar, J)
Shishir/-
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