Patna High Court
Ramashish MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court held that the FIR arose out of a civil dispute and, consequently, the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, five residents of Dinayalpur, sought anticipatory bail in a case registered under several sections of the Bihar Negotiable Sale (B.N.S.S.) Act, alleging that the FIR was filed merely to evict them from land they claim as ancestral property. They contended that the dispute was civil in nature, that the district administration was misusing criminal law, and that they had already approached a civil court for a declaration of title. The State opposed the bail, noting that one petitioner had a prior criminal antecedent. The High Court examined whether the FIR represented a genuine criminal offence or an abuse of process. Concluding that the matter was essentially a civil dispute and that the criminal provisions were being misapplied, the Court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S., 2023. The bail order required a bond of Rs 10,000 per petitioner with two sureties and stipulated cancellation if undisclosed criminal antecedents were discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioners
- Whether the FIR constitutes a misuse of criminal law in a civil land‑title dispute
- Whether the prior criminal antecedent of petitioner No.4 bars bail
- Whether conditions under Section 482(2) of the B.N.S.S., 2023 are applicable
Legislation cited
- Bihar Negotiable Sale (B.N.S.S.) Act, 2023 — s. 482(2)
Subjects
- anticipatory bail
- misuse of criminal process
- civil dispute
- land title
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39188 of 2026
Arising Out of PS. Case No.-386 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
1. Ramashish Mahto S/o Late Darogi Mahto R/o Village- Dinayalpur, PS-
Teghra, District- Begusarai
2. Ram Prakash Sah S/o Late Ram Ratan Sah R/o Village- Dinayalpur, PS-
Teghra, District- Begusarai
3. Amit Kumar @ Amit Sah S/o Doman Sah R/o Village- Dinayalpur, PS-
Teghra, District- Begusarai
4. Deepak Rai S/o Late Ram Charitra Rai R/o Village- Dinayalpur, PS- Teghra,
District- Begusarai
5. Rinku Devi W/o Deepak Rai R/o Village- Dinayalpur, PS- Teghra, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate
Ms. Rushali, Advocate
Ms. Tulika Singh, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 17-06-2026 Heard Ld. counsel for the petitioners and Ld. APP for
the State.
2. The petitioners seek anticipatory bail, apprehending
their arrest, in connection with Teghra P.S. Case No.386 of 2025
dated 28.11.2025, registered for the offences punishable under
Sections 338, 336(3), 340(2), 339, 318(4) and 3(5) of BNS.
3. The subject F.I.R. has been lodged on a letter
written by Circle Officer to the Station House Officer of the
concerned Police Station directing him to lodge F.I.R. against
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the named persons who are claiming title to the property in
question.
4. Learned counsel for the Petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the whole F.I.R. is misuse of the
process of law. As a matter of fact, the District Administration is
taking illegal measure to evict the petitioners from legal
possession of the land in question which is mutated in their
name or their ancestors and they have got the land by way of
settlement. But the District Administration is misusing the
process of law by filing this criminal proceeding against the
petitioners, whereas the petitioners have already filed suit for
declaration of the title to the property claimed by the District
Administration as a Government land. Above all the alleged
facts and circumstances is at most a dispute of civil nature and
there is no criminality involved. The District Administration
cannot evict the petitioners by way of misusing of the criminal
procedural law. They have to prefer civil remedy by way of
filing appropriate Civil Suit before competent Civil Court. This
is nothing but harassment of the poor petitioners who belong to
poor stata of the society and they have constructed house on the
land claimed by the District Administration.
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5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated paragraph no.3 of the bail
petition that the petitioner No.4 has one criminal antecedent,
whereas other petitioners have no criminal antecedent.
7. However, Ld. APP for the State vehemently
opposes the prayer of the Petitioners for bail.
8. Considering the civil nature of the dispute and
misuse of criminal procedural law, this petition is allowed,
directing the petitioners, above-named, to be enlarged on bail,
in the event of their arrest or surrender before the court below
within a period of eight weeks from the date of receipt /
production of a copy of this order, on their furnishing bail bonds
in the sum of Rs.10,000/-(Ten Thousand) each with two sureties
of the like amount each to the satisfaction of learned concerned
Court Below, in connection with Teghra P.S. Case No. 386 of
2025, subject to the conditions as laid down under Section 482
(2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
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bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
ravishankar/-
U T
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