Patna High Court

Prakash Chaturvedi @ Prakash Choubey @ Godhan Choubey @ Sri Prakash ChoubeyversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Prakash Chaturvedi, sought bail fearing arrest in a criminal case registered under sections 406 and 420 of the Bharatiya Nagarik Suraksha Sanhita (BNS) concerning a land sale dispute. The prosecution alleged that the petitioner had entered into an agreement to sell land, received earnest money of Rs.5,00,000, signed an undertaking, but later refused to execute the sale deed after full consideration was paid. The parties later resolved their differences through the intervention of well‑wishers and mutually agreed to withdraw the dispute, with the petitioner having already paid the full amount to the opposite party. Both the State and the opposite party did not contest the petitioner's claim that the matter was settled. Considering the clean antecedent of the petitioner, the settlement of the dispute, and the lack of opposition, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to the conditions of section 482(2) of the BNS, 2023. The bail order effectively disposed of the petition.

Issues considered

Whether the petitioner is entitled to bail in a case under sections 406 and 420 of the BNS given the settlement of the underlying dispute
Whether the conditions of section 482(2) of the BNS, 2023, are satisfied for granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 406, 420, 482(2)

Subjects

bail
criminal procedure
section 406
section 420
section 482(2)
land sale dispute
settlement
apprehended arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69719 of 2025
                 Arising Out of PS. Case No.-476 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Prakash Chaturvedi @ Prakash Choubey @ Godhan Choubey @ Sri Prakash

                 Choubey S/o- Late Munmun Choubey Village and PO- Bhavnoul PS- Dawath

                 District- Rohtas

                                                                                 ... ... Petitioner/s

                                                     Versus

                 1. The State of Bihar

                 2. Gyan Kaushik Chaturvedi, aged about- 57 years, male son of late Rahdika

                 Raman Choubey, resident of Village – PO- Bhavnoul ... ... Opposite Party/s

                 ======================================================

                 Appearance :

                 For the Petitioner/s     :      Mr. Bibhakar Tiwary, Advocate

                 For the Opposite Party/s :      Mr. Ajit Kumar , APP

                 For OP 2                 :      Mr. Vinay Krishna Tripthy, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   13-01-2026                           Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 406 and 420 of BNS.

                                 3 . The prosecution case , in brief, is that this

                   petitioner entered into an agreement to sell a piece of land to the

                   complainant on 24.06.2018 and accordingly, on 30.06.2018, an
Patna High Court CR. MISC. No.69719 of 2025(5) dt.13-01-2026
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          earnest money of Rs. 5,00,000/- was paid. The petitioner signed

          an undertaking in front of the witnesses on a stamp paper and

          handed over the same to the complainant. The complainant time

          and again requested the petitioner to execute the sale deed after

          paying the due consideration money but petitioner refused to do

          so.

                        4. It is submitted on behalf of the petitioners that due

          to intervention of well wishers, the dispute between both the

          parties has been resolved and they have mutually agree to

          withdraw the present dispute . However, petitioner has already

          paid the entire amount of Rs. 5 lakhs to the Opposite party No.

          2.

                        5 . Learned counsel for the State as well as Opposite

          party No. 2 does not dispute the contention made on behalf of

          petitioner.

                        6 Considering the aforesaid facts, clean antecedent of

          the petitioner and other circumstances of the case , in the event

          of arrest or surrender within eight weeks from today, let the

          petitioner, as named above, be enlarged 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

          Chief Judicial Magistrate – I Bikramganj Rohtas in connection
            Patna High Court CR. MISC. No.69719 of 2025(5) dt.13-01-2026
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                      with     Complaint Case No.             476 of       2024 , subject to the

                      conditions laid down under section 482(2) of the                 Bharatiya

                      Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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