Patna High Court
Raju SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(9)
- Bihar Negotiable Instruments Act (BNSS) — s. 140(2), 308(4), 308(5), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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