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Patna High Court

Chanda ShrivastavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bond and conditions under Section 482(2) of the BNSS.

Summary

Petitioners Chanda Shrivastav and Chintaharan Prasad Sinha sought anticipatory bail fearing arrest in a criminal case (Turkauliya PS Case No. 416 of 2025) that alleged offences under Sections 338, 336(3), 340(2), 318(4), 61(2) and 308(4) of the BNS. They contended that the disputed land was not part of the decree in Partition Suit No. 10 of 1976 and was a joint family property, and that the informant had suppressed material facts, making the charges baseless. They also highlighted a pending civil suit (Title Suit No. 305 of 2023) for cancellation of the sale deed and pointed out that they have no criminal antecedents. The State opposed the bail. Considering the land‑dispute context and the petitioners’ arguments, the court granted anticipatory bail subject to a Rs.20,000 bond with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged offences and the underlying land dispute
  • Whether the material facts suppressed by the informant negate the basis for the criminal charges

Subjects

  • anticipatory bail
  • land dispute
  • false implication
  • Section 482
  • criminal antecedent
  • civil suit pending
  • bond and sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4845 of 2026
                      Arising Out of PS. Case No.-416 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
           1.     Chanda Shrivastav, W/O Raman Kumar Sinha, Resident of village-
                  Shubhankarpur, P.S.- Excise P.S Dharbhanga, (Dharbhanga) District-
                  Darbhanga
           2.    Chintaharan Prasad Sinha, S/O Late Fatahbahadur Prasad, R/O Vill.-
                 Parshurampur, P.S.- Turkauliya, Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                  1. Heard the parties.

                                2.      The petitioners apprehend their arrest in

                   connection with Turkauliya P. S. Case No. 416 of 2025 dated

                   28.08.2025 registered for the offence(s) punishable under

                   Section(s) 338, 336(3), 340(2), 318(4), 61(2) and 308(4) of the

                   BNS.

                                3.    The main submissions advanced by the learned

                   counsel for the petitioners are that the petitioner no. 1 is the

                   daughter of petitioner no.2 and petitioner no.2 is real uncle of he

                   informant, the petitioner no. 1 is an identifier of the vender in

                   the sale deed and petitioner no.2 is the witness to the sale deed.

                   It is further submitted that there is an admitted land dispute
Patna High Court CR. MISC. No.4845 of 2026(2) dt.24-02-2026
                                            2/3




          between the parties and the land bearing Khata No. 99, Khesra

          No. 24, Area16 Katha 18 Dhur is neither part of the plaint nor

          the part of decree decided vide Partition Suit No. 10 of 1976 and

          the said land is joint family property of petitioners. It is further

          submitted that the informant has suppressed the material facts

          that the land in question was not part of partition suit no. 10 of

          1976 and as such no offence under Sections 338, 336(3), 340(2),

          318(4), 308(4) is made out against the petitioners. It is also

          submitted that the informant's father has already filed Civil Suit

          bearing Title Suit No. 305 of 2023 on 03.05.2023 of the said

          land in question for cancellation of the sale deed and the said

          civil suit is pending before the Sub-Judge, Senior Division, East

          Champaran, Motihari. It is further submitted that one Ekta Sinha

          has been granted anticipatory bail by the co-ordinate bench of

          this court vide order dated 28.01.2026 passed in Cr. Misc. No.

          3427 of 2026. It is lastly submitted that petitioners have got no

          criminal antecedent and are falsely implicated in this case due to

          personal grudge and the ongoing land dispute.

                       4. Learned APP appearing for the State has opposed

          the bail prayer of the petitioners.

                       5. Considering the above submissions advanced by

          petitioners’ counsel and mainly taking into account the genesis
              Patna High Court CR. MISC. No.4845 of 2026(2) dt.24-02-2026
                                                          3/3




                        of occurrence and the land dispute running in between both the

                        parties, this court is inclined to grant the relief of anticipatory

                        bail to them. Accordingly, let the petitioners named-above, in

                        the event of their arrest/surrender before the learned court below

                        within a period of six weeks from today,            be released   on

                        anticipatory bail in connection with Turkauliya P. S. Case No.

                        416 of 2025 on furnishing bail bond of Rs. 20,000/-(Twenty

                        Thousand) each with two sureties of the like amount each to the

                        satisfaction of the Court concerned, subject to the conditions as

                        laid down under Section 482(2) of the BNSS.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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