Patna High Court
Laldhar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the anticipatory bail petition, directing that bail be granted upon arrest within eight weeks, subject to bond and surety conditions under section 482(2) of the BNS.
Summary
The petitioners, a group of seven individuals from Sitamarhi, filed an anticipatory bail application fearing arrest in a case registered under sections 140(3), 123, 319(2), 318(4), 61(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The FIR alleges that they, together with other accused, fraudulently obtained land belonging to informant Asha Devi by kidnapping her and administering narcotic pills to her son. The petitioners contend that they are innocent, are bona‑fide purchasers of the land, and that the dispute is purely civil in nature. The State and the informant opposed the bail, arguing the seriousness of the alleged offences. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under section 482(2) of the BNS, directing that the bail be enlarged if they are arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.
- Whether the alleged offences, including kidnapping and administration of narcotics, warrant denial of bail.
- Whether the matter is a civil land dispute and thus not cognizable under the penal provisions invoked.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 123, 140(3), 318(4), 319(2), 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- land dispute
- kidnapping
- narcotic administration
- civil vs criminal
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5424 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
1 . Laldhar Sah Son of Girdhari Sah R/o Jamua, P.S. - Bairginiya, District -
Sitamarhi.
2. Arjun Kumar Son of Laldhar Sah R/o Jamua, P.S. - Bairginiya, District -
Sitamarhi.
3. Amlesh Sah @ Kamlesh Sah Son of Rampukar Sah R/o Jamua, P.S. -
Bairginiya, District - Sitamarhi.
4. Dipak Kumar Son of Lachhar Sah R/o Jamua, P.S. - Bairginiya, District -
Sitamarhi.
5. Rambabu Rai Son of Lachhuman Rai R/o Jamua, P.S. - Bairginiya, District -
Sitamarhi.
6. Ramadhar Sah Son of Girdhari Sah R/o Jamua, P.S. - Bairginiya, District -
Sitamarhi.
7. Raj Kumar Son of Laldhar Sah R/o Jamua, P.S. - Bairginiya, District -
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi , Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad , APP
For Informant : Mr. Vijay Shankar Shrivastava, Advocate
Mr. Praveen Kumar , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend their arrest in a case registered
for the offence punishable under sections 140(3), 123, 319( 2 ),
318( 4 ), 61( 2 ) and 3(5) of BNS.
3. As per F.I.R., these petitioners, along with other
named accused persons, fraudulently got the land of informant,
namely, Asha Devi, registered in their favour by kidnapping and
Patna High Court CR. MISC. No.5424 of 2026(2) dt.03-02-2026
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administering narcotic pills to the son of informant.
4. It is submitted on behalf of the petitioners that
petitioners are innocent and have committed no offence.
Petitioners are bona fide purchasers of the land in question and
they have falsely been implicated in this case. Moreover, dispute
involves sale and purchase of land which is purely of civil nature.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail petition.
6. Considering the aforesaid facts and nature of
accusation, this anticipatory bail is allowed and it is ordered that in
the event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, Sikarhana at Dhaka, East Champaran in
connection with Ghorasahan P.S. Case No. 292 of 2025, subject to
the conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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