Patna High Court
Arun Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioner, being prima facie implicated on suspicion, is entitled to bail under Section 482(2) of the Criminal Procedure Code.
Summary
Arun Kumar Sah was named in an FIR (Teghra P.S. Case No. 386 of 2025) for offences under several sections of the Bihar Negotiable Instruments Act, alleged to be part of a land dispute involving forged documents. He contended that the FIR was filed out of police enmity, citing a prior incident where police demolished his and his brother's shops and a writ petition (CWJC No. 16929 of 2023) that resulted in a status‑quo order. The petitioner argued that the charges were based merely on suspicion and that he had a clean antecedent. The State opposed the bail application. The Court observed that the petitioner was prima facie implicated on suspicion and, considering the circumstances, directed his release on bail subject to conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to bail when the FIR appears to be based on suspicion and alleged police vendetta.
- Whether the nature of the offences alleged under the Bihar Negotiable Instruments Act justifies continued custody.
- Whether the earlier status‑quo order in the writ petition affects the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 336(3), 338, 339, 340(2), 3(5)
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- false implication
- police abuse
- land dispute
- forged documents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41792 of 2026
Arising Out of PS. Case No.-386 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Arun Kumar Sah S/o Late Tribeni Sah Resident of Village - Daniyalpur, PS
and PO and Sub division - Teghra, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kr. Singh, Adv.
Ms. Vagisha Pragya Vacaknavi, Adv.
Ms. Diksha Raj, Adv.
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Teghra P.S. Case
No. 386 of 2025 registered for the offences punishable
under Sections 338, 336(3), 340(2), 339, 318(4), 3(5)
BNS.
3. As per FIR petitioner suspected as one of the
claimant for disputed piece of land, which was alleged to be
obtained on the basis of forged documents, for which Teghra
P.S. Case No. 350 of 2023 was already lodged.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the present false implication of
Patna High Court CR. MISC. No.41792 of 2026(2) dt.30-06-2026
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petitioner was raised out of enmities of petitioner with police
and therefore implication of petitioner is nothing but a police
atrocities. In support of his submission learned counsel
submitted that local police and administration demolished
five shops of petitioner and his brother namely, Ram Kr. Sah
on 08.10.2023 in illegal manner for which, petitioner and his
brother filed a writ petition before this Court which has been
registered as CWJC No. 16929 of 2023 making SDJM,
Begusarai, concerned SHO and other police officials as
respondent parties, where one of learned co-ordinate Bench
of this Court was pleased to pass status quo order. It is
submitted that subsequent to aforesaid order, the police
personal without having any cogent material totally on the
basis of manipulations, implicated 13 person including this
petitioner with allegation that petitioner and other co-
accused persons also claimed over disputed piece of land on
the basis of forged, documents for which Teghra P.S. Case
No. 350 of 2023 has already been lodged. Learned counsel
for the petitioner submitted that FIR itself speaks about
claim of this petitioner, which is nothing but suspicion,
Patna High Court CR. MISC. No.41792 of 2026(2) dt.30-06-2026
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making implication of petitioner as strange event. Petitioner
claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as petitioner prima-facie implicated on
the basis of suspicion as he raised claim subsequently qua
disputed piece of land alongwith other 13 co-accused person,
accordingly petitioner above-named, in the event of his
arrest or surrender before the court below, within a period of
four weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned CJM, Begusarai /concerned Court, where the case is
pending in connection with Teghra P.S. Case No. 386 of
2025, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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