Patna High Court
Chanda ShrivastavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
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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
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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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