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Patna High Court

Raju SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Raju Sah, sought anticipatory bail fearing arrest in a case (Bettiah Muffasil P.S. No.21 of 2025) involving alleged offences under sections 308(4), 308(5), 140(2), 3(5) of the Bihar Negotiable Instruments Act and section 25(9) of the Arms Act. The prosecution alleged that the informant was assaulted, forced to sign documents and threatened to relinquish land by the co‑accused Ravi Kumar. The petitioner contended that he was falsely implicated, his name appearing only in a co‑accused’s confessional statement, and that the dispute stemmed from a land ownership conflict. The State opposed the bail, but the court noted that other co‑accused had already been granted anticipatory bail. Applying Section 438(2) of the CrPC and Section 482 of the BNSS, the court allowed the petition and ordered the petitioner’s release on bail upon furnishing a bond and sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the BNSS.
  • Whether the allegations against the petitioner constitute sufficient ground for arrest.
  • Whether the petitioner’s inclusion in a co‑accused’s confessional statement amounts to a valid basis for detention.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • Criminal Procedure Code
  • Arms Act
  • confessional statement
  • section 438
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45536 of 2025
                   Arising Out of PS. Case No.-21 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Raju Sah Son of Late Jiut Sah R/O Vill- Ghushukpur, P.S.- Kalibagh, District-
                 West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Bettiah Muffasil P.S. Case No. 21 of 2025

                   registered for the offence under Sections 308(4), 308(5), 140(2),

                   3(5) of B.N.S. and Section 25(9) of Arms Act.

                                   3.    As per the prosecution case, the informant,

                   namely, Shiv Pujan Mahto, was working in the Rice Mill of one

                   Bhola Sah at Mahna Gani and on 11.01.2025 at about 2.00 P.M.,

                   Ravi Kumar @ Pinnu came with the co-accused persons,

                   namely, Shamnath Mahto and Diwakar Thakur on his black

                   Fortuner vehicle and called the informant. It is further alleged

                   that when the informant came then Ravi Kumar abused and

                   assaulted him and on the point of pistol, brought him at his
Patna High Court CR. MISC. No.45536 of 2025(3) dt.19-02-2026
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          ‘Pushpanjali Hotel’, Bettiah and took his signature of back dated

          18.11.2024 and also took thumb impression of his five fingers.

          It is further alleged that Ravi Kumar also took the signature on

          two blank papers from the informant and also told him to give

          up the land of Khata No. 18, Khesra No. 2915, and area 10 dhur

          situated at village-Mahana Gani beside the road otherwise he

          would be killed. It is further alleged that Ravi Kumar told the

          informant that now Ravi Kumar was the owner of land from that

          day and then Ravi Kumar set free the informant near his G.D.

          Goyenka School.

                          4. It has been submitted by the learned counsel for

          the petitioner that the petitioner is innocent and he has falsely

          been implicated in this case. It is next submitted that the name

          of petitioner has come in the confessional statement of co-

          accused Ravi Kumar. It is further submitted that there is a

          dispute with regard to ownership of piece of land because of

          which the accused persons have fought. Learned counsel lastly

          submits that some of the co-accused namely, Kanhaiya Kumar,

          Diwakar Thakur and Samnath Mahto have been granted

          anticipatory bail by this Court vide orders dated 17.02.2026 and

          01.09.2025 in Cr. Misc. No. 31719/2025, Cr. Misc. No. 25929

          of 2025 and Cr. Misc. No. 42657/2025. Petitioner has three
              Patna High Court CR. MISC. No.45536 of 2025(3) dt.19-02-2026
                                                          3/3




                        criminal antecedents.

                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, 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 C.J.M.,

                        Bettiah, West Champaran/ concerned Court below in connection

                        with Bettiah Muffasil P.S. Case No. 21 of 2025, subject to the

                        conditions laid down in Section 438(2) of the Code of Criminal

                        Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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