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Patna High Court

Chuman Patel @ Chuman RautversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Chuman Patel (also known as Chuman Raut), sought anticipatory bail fearing arrest in a case involving multiple offences under the B.N.S. Act, alleging that he was falsely implicated in a land‑mafia scheme orchestrated by Deva Gupta and Sugandh Kumar Gupta. He asserted that he runs a gas agency and has no connection with the accused, and that money seized earlier belonged to him and was returned to his wife. The State opposed bail, arguing that the FIR specifically alleges the petitioner managed illegal land transactions and might abscond if released. The Court, after hearing both sides, granted anticipatory bail on the condition of furnishing a bail bond of Rs.50,000 with two sureties, one being the petitioner's father, and subject to compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The order also allowed cancellation of bail if the petitioner fails to cooperate or if a charge‑sheet is filed against him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. despite the allegations in the FIR.
  • Whether the petitioner is likely to abscond or tamper with evidence if released on bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • false implication
  • land mafia
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6204 of 2026
                    Arising Out of PS. Case No.-364 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Chuman Patel @ Chuman Raut Son of Gorkh Raut Resident of Village-
                 Mathiya, P.S.- Chhatauni, District- East Champaran, Motihari (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hansraj, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 111(2)(b),

                   316(2), 318(3), 308(5), 336(3), 338, 318(4) and 3(5) of the

                   BNS.

                                3. Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases and the informant alleges

                   that Deva Gupta and Sugandh Kumar Gupta are known land

                   mafia of Motihari city and they have formed a company M/S

                   Dewrock Infra Projects Pvt. Ltd. and are extorting money by

                   illegally buying and selling land in the district through their

                   criminal influence, it is further alleged that they execute sale
Patna High Court CR. MISC. No.6204 of 2026(2) dt.29-04-2026
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          deeds in violation of the registration rules on account of which

          there is huge loss to the Government revenue, the act of the

          accused are punishable under BNS and BNLA, it is next alleges

          that Assistant Registrar, Motihari is also involved in the

          occurrence be committed by the accused persons, further Deva

          Gupta and Sugandh Kumar Gupta have created an atmosphere

          of terror within Motihari city, further, 80 sale deeds have been

          appended with the FIR to show their involvement.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is ascertain and submitted that the petitioner is not

          related with Deva Gupta and Sugandh Gupta rather runs a gas

          agency at Motihari and has also taken franchise of Akash

          Institute. It is further submitted that earlier an amount of Rs.

          10,25,000/- was seized but then the said money belong to the

          petitioner and later police after enquiry returned the said amount

          tot he wife of the petitioner. It is also submitted that from

          perusal of the FIR it would manifest that first of the allegation is

          against Deva Gupta and Sugandh Kumar Gupta and petitioners

          is alleged to be managing the illegally sell and purchase of land

          made by Deva Gupta through his company M/S Dewrock Infra

          Projects Pvt. Ltd. It is further submitted that since petitioner
Patna High Court CR. MISC. No.6204 of 2026(2) dt.29-04-2026
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          recently entered in the business of real estate as such he came to

          be implicated.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that there is

          specific allegation in the FIR that the petitioner manages the sell

          and purchase of land made by Dewrock Infra Projects Pvt. Ltd.

          It is also submitted that if privilege of anticipatory is granted,

          the petitioner may abscond on which the learned counsel

          appearing on behalf of the petitioner submits that petitioner will

          not abscond since he has business within the city of Motihari

          and if privilege of anticipatory bail is granted the petitioner will

          cooperate in the investigation to prove his innocence.

                       6. After hearing the learned counsel for the parties, let

          the petitioner, above-named, in the event of his arrest or

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

          on anticipatory bail on furnishing bail bonds of Rs.50,000/-

          (Rupees Fifty Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/Successor Court in connection with Town(East

          Champaran) P.S. Case No. 364 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S., with the further condition that
            Patna High Court CR. MISC. No.6204 of 2026(2) dt.29-04-2026
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                      one of the bailor of the petitioner shall be his father Gorakh

                      Raut.

                                   7. However, it is made clear that in the event, if any

                      application is filed by the Investigating Officer before the

                      learned trial Court bringing to its notice that petitioner, despite

                      giving assurance to this Court, is not cooperating in the

                      investigation or is not presenting himself as and when required,

                      the learned trial Court shall be at liberty to cancel the bail bonds

                      of the petitioner after recording reasons.

                                   8. It is further made clear that in the event, if charge-

                      sheet is filed connecting the petitioner with the offence, in that

                      event, the present anticipatory bail order shall loose its effect.

                                   9. Let a copy of this order be sent to the

                      Superintendent of Police, East Champaran at Motihari for his

                      perusal.



                                                (Satyavrat Verma, J)
khushbu/-

U      T


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