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Patna High Court

Virendra Kumar SutiharversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Virendra Kumar Sutihar, applied for anticipatory bail in connection with a complaint alleging that he, along with others, sold a piece of land despite knowing it had previously been sold to another person, thereby committing offences under Sections 420, 323, 504 and 120B of the Indian Penal Code. The petitioner claimed he was merely an identifier and had no knowledge of the earlier sale. The court examined the allegations of conspiracy and the seriousness of the offences, noting that as a local person the petitioner could not plausibly deny knowledge of the prior transaction. Considering the gravity of the alleged offences, the court was not inclined to grant anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was directed to surrender within two weeks to seek regular bail, with a warning that failure to do so would result in his arrest.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged cheating, assault, criminal intimidation and criminal conspiracy.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • assault
  • criminal intimidation
  • criminal conspiracy
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46737 of 2025
                  Arising Out of PS. Case No.-200 Year-2018 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
                 Virendra Kumar Sutihar S/O Maheshwar Sutihar Resident of Village- Bhelwa,
                 Police Station - Kishanpur, Distt.- Supaul.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ramesh Yadav S/O Late Chakradhar Prasad Yadav R/O Village- Jhakarhi,
                 P.S- Kishanpur, Distt.- Supaul.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun, Advocate
                 For the Opposite Party/s :      Ms. Pushpa Sinha.1
                 For the O.P. No. 2       :      Ms. Pratibha Shrivastava, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-02-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   complainant.

                                2. The petitioner apprehends arrest in connection with

                   Complaint Case No. 200C of 2018 for offences under Sections

                   420, 323, 504, 120B of the Indian Penal Code.

                                3. The learned counsel for the petitioner submits that

                   the petitioner was an identifier only and had no knowledge

                   about the earlier sale.

                                4. The petitioner and others allegedly sold the land

                   knowing fully well that it had previously been sold to someone

                   else. The petitioner allegedly conspired with the vendor and sold
            Patna High Court CR. MISC. No.46737 of 2025(3) dt.27-02-2026
                                                        2/2




                      the land again. As a local person, the petitioner cannot deny

                      knowledge of the earlier sale and appears to have been a part of

                      the conspiracy.

                                   5. Considering the nature and the gravity of the

                      offence, this Court is not inclined to grant the privilege of

                      anticipatory bail to the petitioner in the present case.

                                   6. Accordingly, the application for anticipatory bail is

                      hereby rejected.

                                   7. The petitioner is directed to surrender in the court

                      below within a period of two weeks from today and seek regular

                      bail, failing which the Superintendent of Police, Supaul will

                      take all steps for the arrest of the petitioner.

                                   8. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

                                   9. Let a copy of this order be communicated to the

                      Superintendent of Police, Supaul through FAX/Email for its

                      compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U


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