Patna High Court
Dinesh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail may be granted where the dispute is essentially civil between landlord and tenant and the allegations do not constitute a grave criminal offence, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, who are tenants, were accused in a police case for allegedly demolishing an informant's house to construct shops and misappropriating building materials worth Rs.1,00,000. The FIR listed offences under several sections of the Bharatiya Nyaya Sanhita, 2023, leading the petitioners to fear arrest. They applied for anticipatory bail, contending that the matter was essentially a civil landlord‑tenant dispute and that they had not committed any criminal act. The State opposed the bail, arguing the seriousness of the alleged offences. The Court, after examining the facts, observed that the dispute appeared to be civil in nature and that the allegations did not warrant denial of bail. Consequently, the Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the alleged conduct stems from a landlord‑tenant dispute.
- Whether the offences alleged under the Bharatiya Nyaya Sanhita, 2023, justify denial of bail.
- Whether Section 482(2) of the BNSS permits the Court to impose bail conditions in such cases.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 303(2), 308(3), 308(4), 318(4), 324(4), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- landlord-tenant dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- civil dispute
- criminal offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5724 of 2025
Arising Out of PS. Case No.-176 Year-2024 Thana- BARGAINIA District- Sitamarhi
======================================================
1. Dinesh Choudhary Son of Late Laxmi Choudhary Resident of Village-
Bairgainia Main Road, Ward No.14, P.S.- Bairgainia, District- Sitamarhi
2. Sagar Kumar @ Sagar Choudhry Son of Dinesh Choudhry Resident of
Village- Bairgainia Main Road, Ward No.14, P.S.- Bairgainia, District-
Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Sekh Lalbabu S/O Sekh Abdul Hafiz R/O Karmahia Karuna P.S. Gaur Distt
Rohtat Nepal
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6335 of 2025
Arising Out of PS. Case No.-176 Year-2024 Thana- BARGAINIA District- Sitamarhi
======================================================
Ajay Baitha @ Ajay Kumar Son of Nandu Baitha Resident of Village- Masha
Alam, Ward No.12, P.S.- Bairgainia, District- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Sekh Lalbabu S/O Sekh Abdul Hafiz R/O Karmahia Karuna P.S. Gaur Distt
Rohtat Nepal
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 5724 of 2025)
For the Petitioner/s : Mr.Hans Lal Kumar
For the Opposite Party/s : Mr.Jagdhar Prasad
(In CRIMINAL MISCELLANEOUS No. 6335 of 2025)
For the Petitioner/s : Mr.Hans Lal Kumar
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-02-2026 These cases arise out of the same P.S. Case i.e.,
Bairgainia @ Bargainia P.S. Case No. 176 of 2024. Therefore,
Patna High Court CR. MISC. No.5724 of 2025(5) dt.23-02-2026
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they are being heard together and are being decided by this
common order.
2. Heard the learned counsel for the petitioners and
learned counsel for the State.
3. The petitioners apprehend arrest in connection with
Bairgainia @ Bargainia P.S. Case No. 176 of 2024 registered for
offences under Sections 126(2), 308(3), 308(4), 303(2), 318(4),
324(4), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution case, the petitioners are
accused of demolishing the house of the informant to build three
shops and misappropriating cement and iron rods worth Rs.
1,00,000/- from his house.
5. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that from the allegations leveled in
the FIR, it appears to be a case between the landlord and the
tenants, and the petitioners are the tenants.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
and in light of the fact that the dispute seems to be between the
landlord and the tenants, both these applications for anticipatory
Patna High Court CR. MISC. No.5724 of 2025(5) dt.23-02-2026
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bail are allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Sitamarhi/concerned court below in
connection with Bairgainia @ Bargainia P.S. Case No. 176 of
2024 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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