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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that because the dispute is primarily civil, the petitioners are entitled to bail subject to conditions under Section 482(2) of the BNSS.

Summary

Manoj Kumar and Kundan Kishore were arrested in connection with a complaint alleging offences under several IPC sections arising from a Rs 45 lakh land transaction. They contended that the sale deed was executed by Asha Devi, their mother‑in‑law, and that the dispute was essentially civil. The State argued that the offences were cognizable, while the petitioners sought bail, asserting the civil nature of the matter. The court observed that the core issue was a civil land dispute and, applying Section 482(2) of the BNSS, directed that the petitioners be released on bail with a bond of Rs 10,000 each and two sureties. The bail was conditioned on compliance with the trial court’s directions and the case remains pending.

Issues considered

  • Whether the petitioners are entitled to bail in a criminal case that stems from a civil land dispute
  • Whether the allegations under the IPC sections justify denial of bail

Legislation cited

Subjects

  • bail
  • civil dispute
  • land dispute
  • IPC offences
  • Section 482
  • BNSS
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68696 of 2025
                 Arising Out of PS. Case No.-6637 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Manoj Kumar S/o Late Jank Dhari Singh, R/o Mohalla - Gatlatu, P.S - Sadar
                  (Neuri), District - Ranchi (Jharkhand).
           2.    Kundan Kishore S/o Manoj Kumar R/o Mohalla - Gatlatu, P.S - Sadar
                 (Neuri), District - Ranchi (Jharkhand).
                                                                  ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.     Shri Dhananjay Kumar Singh S/o Late Ram Ekbal Singh, R/o Village -
                  Alauddinchak, Post - Punpun, P.S - Punpun, District - Patna, Pin - 804453 At
                  present Address - C/o Rakesh Kumar, South Lane of Moorti Makan Rajapur,
                  Mainpura, P.S - Patliputra, District - Patna – 13.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. N.K. Agrawal, Sr. Advocate
                                                Mr.Indeshwari Prasad Mandal, Advocate
                 For the Opposite Party/s :     Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   29-01-2026                   Heard learned counsel appearing on behalf of the

                   petitioners and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                 2. The accused/petitioners apprehending their arrest in

                   connection with Complaint Case No. 6637 of 2023 registered for

                   the offences punishable under Sections 323, 341, 379, 504, 506,

                   406 and 420/34 of the Indian Penal Code.

                                 3. As per complaint, petitioners and other co-accused

                   persons after receiving of Rs. 45 lacs denied to execute sale deed

                   for agreed piece of land.
Patna High Court CR. MISC. No.68696 of 2025(5) dt.29-01-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that agreement to sell was executed with

          co-accused Asha Devi and as she is mother-in-law of the

          petitioners upon her instruction Rs. 17 lacs was transferred to the

          account of the petitioners. It is pointed out that the wife of the

          petitioners is one of the co-sharer of the property.

                       5. Arguing further, it is pointed out that the sale deed

          was executed on same very day i.e. on 27.04.2022 by Asha Devi

          to complainant and upon instruction of complainant to Sunny

          Kumar and Viveka Singh.

                       6. Learned APP, duly assisted by learned counsel Mr.

          Saroj     Kumar       Upadhyay          appearing    on   behalf   of   the

          complainant/opposite party no. 2, while opposing the prayer of bail

          submitted that complainant has no concern with Sunny Kumar and

          Viveka Singh.

                       7. Countering the aforesaid submission, it is pointed out

          by learned counsel appearing for petitioners that Vivek Singh was

          one of the broker of aforesaid deal and as per direction of the

          complainant, some part of land in issue was sold to Viveka Singh.

          It is conceded by learned counsel appearing for the complainant

          that the agreement in issue was executed with Asha Devi only,

          who is mother-in-law of the petitioners.
              Patna High Court CR. MISC. No.68696 of 2025(5) dt.29-01-2026
                                                          3/3




                                     8. In view of aforesaid factual submissions and by

                        taking note of fact as the dispute between the parties primarily

                        appears civil in nature arising out of land dispute, accordingly, both

                        above named petitioners, in the event of their arrest or surrender

                        before the learned trial Court, within a period of four weeks of the

                        order, is directed to be released on bail furnishing bail bond of Rs.

                        10,000/- (Rupees Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned Additional Sessions

                        Judge-XXVII, Patna/concerned Court, where the case is pending in

                        connection with Complaint Case No. 6637 of 2023 subject to the

                        conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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