Akhilesh Kumar @ Akhilesh Kumar PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63906 of 2025
                   Arising Out of PS. Case No.-244 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
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           1.     Akhilesh Kumar @ Akhilesh Kumar Paswan Son of Late Mahesh Paswan
                  R/o Village - Chakchameli, P.S. Kajipur, District - Vaishali.
           2.    Shiv Shankar Sahni Son of Late Jangali Sahni R/o Village - Dhobghatti, P.S.
                 - Kajipur, District - Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Harendra Yadav Son of late Jairam Yadav Resident of T Sat High Road
                 Kolkata 700088, Taratala Kolkata Port Prabhag, West Bengal, India (Mob-
                 9831354711)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Bela Singh, Advocate
                                                  Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-03-2026                   1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 316(2),

                   318(4), 338, 336(2), 308(5), 352, 351(2) (3) and 126(2) of the

                   BNS, 2023.

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that he entered into an agreement with Indrajeet, Balram
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          and Vikash for acquiring 50 bigha of land at Mouza Dhobighat

          and Chakchameli, the accused were required in terms of the

          agreement to make a 70 feet road from front of Khesra No. 175,

          Chakchameli Mouza to Khesra No. 100 within 30 days and

          thereafter shall hand over possession of 20 bigha of land and

          thereafter shall hand over possession of rest 30 bigha of land in

          lieu whereof an advance of Rs. 10 Lakhs was to be given, it is

          next alleged that thereafter the accused persons started preparing

          fake agreements in the name of farmers and in lieu whereof took

          Rs. 10 Lakhs by way of advance, further Vikash informed the

          informant about the forgery being committed by Indrajeet and

          Balram and thus requested to remove him from the agreement

          and also disclosed that earlier also the accused had indulged in

          such activity, further when enquired about the agreement, it

          transpired that the agreement with farmers were fake and

          farmers did not receive any amount, thereafter the informant

          himself entered into an agreement with farmers and acquired the

          land at a higher rate, the accused persons, thereafter, started

          threatening and demanded extortion which informant out of fear

          paid, but when it became a regular habit the extortion was not

          paid, it is next alleged that petitioners with help of other accused

          forcibly grabbed the land of the informant, but with the help of
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          police, the grabbers were removed, it is also alleged that on

          instruction of Indrajeet and Balram, land owner, Shiv Shankar,

          despite taking the entire consideration is not registering the land

          and Akhilesh, grandson of Bhagiya Devi, also entered into an

          agreement with the informant for selling the land in the name of

          his grandmother and in lieu whereof an amount of Rs.

          49,25,000/- was paid in the account of Akhilesh, but then

          Akhilesh also did not execute the sale deed.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant, it is next submitted that as far as petitioner no. 1

          is concerned, he is grandson of Bhagiya Devi. It is next

          submitted that no doubt an agreement was entered in between

          petitioner no.1 and the informant for selling a piece of land in

          the name of Bhagiya Devi, but then in lieu whereof an amount

          of Rs. 49,25,000/- was credited in the account of petitioner no. 1

          on instruction of Bhagiya Devi, but then the consideration fixed

          for purchasing the land by informant was Rs. 78 Lakhs, as such,

          the informant further paid an amount of Rs. 29 Lakhs in the

          account of Rangeen, son of Bhagiya Devi and uncle of

          petitioner no. 1 and thereafter a sale deed was executed by

          Bhagiya Devi dated 04.10.2024. It is further submitted that in
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          the sale deed, the consideration amount is recorded as Rs.

          78,75,000/-, it is thus, submitted that Rs. 49,25,000/- was

          credited in the account of petitioner no. 1 and Rs. 29,25,000/-

          was credited in the account of his uncle, Rangeen cumulatively

          comes to Rs. 78,50,000/-, thus the agreement which petitioner

          no. 1 entered with the informant has been complied with, but

          then the informant, concealing the said fact, has instituted the

          instant FIR only to coerce petitioner no. 1 into submission. It is

          next submitted that as far as petitioner no. 2 is concerned, it is

          not disputed that petitioner no. 2 received an amount of Rs. 10

          Lakhs, but then before the sale deed could be executed, the

          informant forcefully grabbed his land and constructed a

          warehouse for which Title Suit No. 862 of 2025 has been

          instituted in the Court of learned Sub-Judge -I, Vaishali and

          presently the case is pending before the learned Sub-Judge-VIII,

          Vaishali. It is also submitted that the dispute is purely civil to

          which a criminal colour has been given.

                       5. Learned A.P.P. for the State as well as the learned

          counsel appearing on behalf of the informant opposes the

          anticipatory bail application of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the
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                      event of their arrest or surrender within a period of six weeks

                      from today, be released on anticipatory 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 the learned

                      trial court where the case is pending/successor court in

                      connection with Hajipur Sadar P.S. Case No. 244 of 2025

                      subject to the conditions as laid down under Section 482 (2) of

                      the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T