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Patna High Court

Ajay Baitha @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the dispute appears to be a landlord‑tenant matter, anticipatory bail is warranted and granted to the petitioners.

Summary

The petitioners, including Dinesh Choudhary, Sagar Kumar and Ajay Baitha, applied for anticipatory bail in connection with PS Case No. 176 of 2024, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including demolition of an informant's house and misappropriation of building material. The prosecution claimed the accused had destroyed the informant's house to construct shops and stole cement and iron rods worth Rs. 1,00,000. The petitioners contended they were merely tenants and that the dispute was essentially a civil landlord‑tenant matter, not a criminal offence. The State opposed the bail application. After considering the nature of the dispute and the circumstances, the Court held that anticipatory bail was appropriate and ordered the petitioners to be released on bail subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused 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.
  • Whether the alleged conduct constitutes a civil landlord‑tenant dispute, thereby justifying bail.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • landlord-tenant dispute
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • Section 482(2)
  • Sitamarhi
  • bail conditions

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
                                                        3/3




                      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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