Amit Srivastava @ Amit Sinha @ Amit Kumar Sinha @ Amit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5806 of 2026
                   Arising Out of PS. Case No.-471 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Amit Srivastava @ Amit Sinha @ Amit Kumar Sinha @ Amit Kumar S/o-
                 Arya Kumar Sinha @ Aryan Kumar Sinha R/v- Chhagraha Nayak Tola Ps-
                 Sugauli Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Nazir Mian @ Nazir Hussain S/o- Feku Mian R/v- Chhapra Bahas Ps-
                 Sugauli Dist- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Abhishek Kumar
                 For the State           :        Mr.Bharat Lal
                 For the O. P. No. 2     :        Mr. Muneshwar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   07-05-2026         1.   Heard learned Counsel for the petitioner, learned Counsel

                            for the informant-Opposite Party No. 2 and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Sugauli Police Station Case No. 471 of 2025, dated

                            03.09.2025,       disclosing      offences      punishable        under

                            Sections 316(2)/318(4)/338/336(3)/340(2)/3(5) of the

                            Bhartiya Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that the petitioner, along with other co-accused persons,

                            have illegally got the land of the informant registered in

                            favour of the petitioner.
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              4.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence

                   in the manner alleged. He further submits that the land, in

                   question, belong to one Most. Salimani, who has gifted

                   the land in question in favour of co-accused Aziz Mian,

                   through a registered deed of gift, dated 06.10.1997, and

                   the said Aziz Mian sold the land in question to the

                   petitioner through a registered sale deed on 14.07.2023,

                   for a consideration amount of Rs. 8,37,000/- and after

                   purchase of the land in question, the petitioner is in

                   continuous possession of the same. He further submits

                   that the informant has purchased the said land on

                   22.12.1997 from said Most. Salimani, i.e. after she

                   executed gift deed in favour of Aziz Mian. He further

                   submits that the a title suit, bearing Title Suit No. 600 of

                   2023, is pending between the vendor of the petitioner and

                   the Opposite Party No. 2. A case, bearing B.L.D.R.

                   Appeal No. 310 of 2023 is also pending before the

                   Commissioner, Tirhut Division, Muzaffarpur, between the

                   vendor of the petitioner and the Opposite Party No. 2. He

                   further submits that for the civil dispute, the informant

                   has filed the present case giving it a colour of criminal
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                   act.

              5.   On the other hand, learned Counsel for the informant

                   vehemently opposes the prayer for bail and submits that

                   the petitioner is a land mafia and the petitioner has

                   concealed his criminal antecedent before the learned

                   District Court, which would be evident from the

                   impugned order itself.

              6.   In reply, learned Counsel for the petitioner submits that he

                   has disclosed his entire antecedents before this Court.

              7.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the fact that

                   there is land dispute between the parties and a title suit is

                   also pending between them, I am inclined to grant the

                   petitioner privilege of anticipatory bail.

              8. This application is, accordingly, allowed.

              9.   Let the petitioner, above named, in the event of his arrest

                   or surrender before the Court below within a period of

                   four weeks from today, be released on bail on furnishing

                   bail bond of Rs. 10,000/- (ten thousand) with two sureties

                   of the like amount each to the satisfaction of learned

                   Judicial Magistrate, 1st Class, East Champaran, at

                   Motihari, in connection with Sugauli Police Station Case
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                              No. 471 of 2025, subject to the condition laid down under

                              Section 482 (2) of the Bharatiya Nagarik Suraksha

                              Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

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