Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 323, 341, 379, 406, 420/34, 504, 506
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/-
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