Patna High Court

Boudhu DasversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Given the seriousness of the allegations under Sections 420 and 34 of the IPC, anticipatory bail could not be granted.

Summary

The petitioners, a group of ten individuals, sought anticipatory bail after an FIR was lodged accusing them of offences under Sections 420 and 34 of the Indian Penal Code for allegedly selling land that had been acquired by the Irrigation Department in 2000. They contended that the FIR was filed without verifying whether compensation for the acquired land had been paid and claimed the land in question was never actually acquired by the department. The State opposed the bail, emphasizing the seriousness of the alleged offences. The Court examined the nature of the accusations and the potential for misuse of the bail provision. Considering the gravity of the charges, the Court refused the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioners accused of offences under Sections 420 and 34 IPC.

Legislation cited

Indian Penal Code — s. 34, 420

Subjects

anticipatory bail
IPC 420
IPC 34
land acquisition
compensation
criminal law
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4223 of 2026
                        Arising Out of PS. Case No.-186 Year-2024 Thana- BANKA District- Banka
                 ======================================================
           1.     Boudhu Das S/o Late Baldeo Das R/o Village - Koriyandha Ambedkar
                  Nagar, P.S - Banka, District - Banka
           2.    Buddhan Das @ Budhan Das S/o Late Baldeo Das R/o Village - Koriyandha
                 Ambedkar Nagar, P.S - Banka, District - Banka
           3.    Dhaneshwar Das S/o Late Biseshwar Das R/o Village - Koriyandha
                 Ambedkar Nagar, P.S - Banka, District - Banka
           4.    Pappu Das @ Pamppu Das S/o Late Biseshwar Das R/o Village -
                 Koriyandha Ambedkar Nagar, P.S - Banka, District - Banka
           5.    Mohan Das S/o Late Biseshwar Das R/o Village - Koriyandha Ambedkar
                 Nagar, P.S - Banka, District - Banka
           6.    Indradeo Das S/o Late Jageshwar Das R/o Village - Koriyandha Ambedkar
                 Nagar, P.S - Banka, District - Banka
           7.    Bijay Das S/o Late Jageshwar Das R/o Village - Koriyandha Ambedkar
                 Nagar, P.S - Banka, District - Banka
           8.    Ramlal Das S/o Late Jageshwar R/o Village - Koriyandha Ambedkar Nagar,
                 P.S - Banka, District - Banka
           9.    Jayanti Devi W/o Late Nanku Das @ Nanhku Das R/o Village - Koriyandha
                 Ambedkar Nagar, P.S - Banka, District - Banka
           10. Raghu Das S/o Late Bhudeo Das R/o Village - Koriyandha Ambedkar
               Nagar, P.S - Banka, District - Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :       Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in Banka P. S. Case

                   No. 186 of 2024 registered for the offences punishable under
              Patna High Court CR. MISC. No.4223 of 2026(2) dt.19-02-2026
                                                          2/2




                        Sections 420/34 of the Indian Penal Code.

                                     3. As per F.I.R., these petitioners are alleged to have

                        sold the land which was acquired by the Irrigation Department

                        for Koriyanda distributary originating from Odhani Reservoir in

                        the year 2000.

                                     4. Learned counsel for the petitioners submits that

                        petitioners are innocent and have committed no offence. F.I.R.

                        has been lodged without verifying the real fact of payment of

                        compensation amount of the acquired land. It is further

                        submitted that the lands of these petitioners were acquired in the

                        same locality by the Government but compensation for the same

                        has not been paid to these petitioners as yet and the land in

                        question which were sold by these petitioners were never

                        acquired by the Irrigation Department.

                                     5. Considering the nature and seriousness of

                        accusation, prayer for anticipatory bail of the petitioners is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

Continue reading with your account

Checking your session…