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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to bail bond conditions and the proviso that the informant may seek its cancellation upon proof of sale deed execution.

Summary

The petitioner, Sunil Kumar, sought anticipatory bail after being implicated in a FIR alleging fraud and other offences under Sections 316(2), 336(3), 338, 318(4) and 3(5) of the Bihar Negotiable Sale Act, 2023, relating to a disputed land sale. He claimed to have a clean record and asserted that the informant’s claim of a sale deed execution was false, stating that the deed had not been executed because the full consideration had not been paid. The State opposed the bail, arguing the seriousness of the allegations. The Court, after hearing both sides, granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and remain subject to Section 482(2) of the Bihar Negotiable Sale Act. The Court also allowed the informant to move for cancellation of the bail if documentary proof of the sale deed’s execution is produced.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the provisions of the Bihar Negotiable Sale Act and the Criminal Procedure Code.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses in the pending case.
  • Whether the informant’s allegations of a completed sale deed constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • land sale dispute
  • false implication
  • Section 482
  • Bihar Negotiable Sale Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4609 of 2026
                       Arising Out of PS. Case No.-115 Year-2024 Thana- TISIAUTA District- Vaishali
                 ======================================================
                 Sunil Kumar S/O Late Shivjee Chaudhari R/o Vill.- Shahpur, P.S.- Tisiauta,
                 Distt- Vaishali

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Shobha Devi W/O Sri Krishna Ray R/O Balgovindpur @ Rohua, P.S.-
                 Jandaha, Dist.- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amresh Kumar Sinha, Adv.
                 For the Opposite Party/s :        Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State. No one appears on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 316(2),

                   336(3), 338, 318(4), 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that an agreement for purchasing 11.75 decimal of land

                   was entered in between her and the petitioner for a consideration

                   of Rs.26 lacs and an amount of Rs.20 lacs was paid to the

                   petitioner, further an amount of Rs.1, 49, 050/- was also paid at

                   the time of registration, but petitioner talked to his brother on
Patna High Court CR. MISC. No.4609 of 2026(2) dt.17-03-2026
                                            2/3




          mobile and thereafter fled without executing the sale deed and

          on the same day executed sale deed with regard to the land in

          question in favour of his Bhabhi, but did not return the amount.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that specific pleading has been

          made at Para-9 of the anticipatory bail application that petitioner

          has not executed any sale deed in favour of any till date and still

          ready to execute the sale deed provided the informant is ready to

          make the full and final payment as agreed. It is further

          submitted that the consideration fixed for the land was Rs.26

          lacs and the informant only paid an amount of Rs.20 lacs as

          such rest amount of Rs.6 lacs was still to be paid but then the

          said amount was not paid as such the sale deed was not

          executed. It is asserted and submitted that if it is found

          subsequently that petitioner had executed sale deed with respect

          to the land pertaining to Khata No.531, Khesra No.1171, Area

          11.75 decimal in favour of anyone including his Bhabhi, in that

          event, his anticipatory bail shall be liable to be cancelled.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned
             Patna High Court CR. MISC. No.4609 of 2026(2) dt.17-03-2026
                                                         3/3




                       counsel for the petitioner, the petitioner above-named, in the

                       event of his arrest or surrender within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                       of the like amount each to the satisfaction of the learned trial

                       court where the case is pending/successor court in connection

                       with Tisiauta P.S. Case No.115 of 2024, subject to the

                       conditions as laid down under Section 482(2) B.N.S.S.

                                    7. However, informant would be at liberty to file an

                       application seeking cancellation of the anticipatory bail granted

                       to the petitioner provided any documentary evidence is brought

                       on record to show that sale deed with respect to the land in

                       dispute in the FIR has been executed by the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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