Patna High Court
Sangita prasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application, granting anticipatory bail and directing the petitioner to issue a possession certificate to the informant.
Summary
The petitioner, Sangita Prasad, sought relief fearing arrest in a criminal case (Civil Lines P.S. Case No. 714 of 2023) alleging offences under Sections 406 and 420 IPC for taking Rs. 76 lakhs for the sale of two flats but not delivering possession. She claimed innocence, stating the flats were locked by the informant and she was ready to hand over possession, while the informant asserted readiness to take possession but feared one flat had been transferred to a third party. The court, after hearing both sides, directed the petitioner to issue a possession certificate to the informant and ordered that, if arrested within four weeks, she be released on bail upon furnishing a Rs. 10,000 bond with two sureties. Bail was granted subject to the conditions of Section 438(2) of the CrPC and Section 482 of the CrPC. The application for relief was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the CrPC in the pending criminal case.
- Whether the petitioner should be compelled to issue a possession certificate to the informant concerning the disputed flats.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 CrPC
- criminal breach of trust
- cheating
- possession certificate
- property dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63646 of 2025
Arising Out of PS. Case No.-714 Year-2023 Thana- CIVIL LINE District- Gaya
======================================================
Sangita prasad S/o Ravi Chaurasiya @ Ravi kumar Chaurasia Resident of
Village - Panchmahalla, Deochaura, P.S. - Vishnupad, Dist. - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Satya Nand Shukla
Mr. Shyam Kumar Singh.
For the informant : Mr. Niranjan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-02-2026 Heard the parties.
2. The petitioner apprehends her arrest in
connection with Civil Lines P.S. Case No. 714 of 2023
registered for the offence under Sections 406 and 420 of the
Indian Penal Code.
3. As per the prosecution case, the allegation
against the petitioner is that she has taken Rs. 76 lakhs for sale
of the flat nos. 202 and 203 situated at Kanti Complex, Victor
X-Ray Lane, Sri Krishna Road, Gaya but she has not given
possession of the flats to the informant.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that both the
Patna High Court CR. MISC. No.63646 of 2025(5) dt.24-02-2026
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flats have been locked by the informant and the petitioner is
ready to give the possession of the flats to the informant.
5. Learned counsel for the informant submits that
his client is ready to take the possession of the flats in question.
6. In view of the above, the petitioner is directed to
issue the possession certificate to the informant, who will
thereafter utilize the flats for himself and the petitioner will not
cause any hindrance in the possession of the informant.
7. Learned counsel for the informant further
submits that the informant apprehends that the petitioner has
transferred one of the flats in question to someone else.
8. On the aforesaid submission, the learned counsel
for the petitioner submits that his client has assured that she has
not sold the flat to any third party and the informant will enjoy
the peaceful possession of the flats.
9. Considering the aforesaid facts, this application
is allowed.
10. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
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 the learned Additional
Patna High Court CR. MISC. No.63646 of 2025(5) dt.24-02-2026
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Chief Judicial Magistrate-I, Gaya/concerned Court below in
connection with Civil Lines P.S. Case No. 714 of 2023, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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