Patna High Court
Dharmendra Kumar HimanshuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court held that the petitioner had established a prima facie case for pre‑arrest bail and ordered his release on bail subject to conditions.
Summary
The petitioner, Dharmendra Kumar Himanshu, sought pre‑arrest bail in a case registered under Sections 420, 467 and 468 of the Indian Penal Code alleging illegal construction of a fodder‑manufacturing unit on government land under the Mukhya Mantri Udyami Yojana. He contended that the scheme’s terms do not require the land to be raiyati and that the land in question is recorded as ‘Gair Majarua Malik’, with a title suit already pending. The State opposed the bail, arguing the seriousness of the offences. The Court examined the allegations, noted the pending title suit and the absence of a statutory requirement that the land be raiyati, and concluded that the petitioner had made a prima facie case for bail. Accordingly, the Court directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail for offences under Sections 420, 467 and 468 of the IPC.
- Whether the terms of the Mukhya Mantri Udyami Yojana require the industrial unit to be situated on raiyati (government) land.
- Whether the pending title suit and the classification of the land as ‘Gair Majarua Malik’ affect the bail application.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 420, 467, 468
Subjects
- pre‑arrest bail
- IPC 420
- IPC 467
- IPC 468
- encroachment
- government land
- Mukhya Mantri Udyami Yojana
- title suit
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70227 of 2025
Arising Out of PS. Case No.-177 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Dharmendra Kumar Himanshu (Male), aged about 40 years, son of Ram
Suresh Paswan, resident of Village- Garvey, P.S.- Kargahar, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sadanand Roy, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 24-02-2026 Heard Mr. Sadanand Roy, learned counsel appearing
on behalf of the petitioner and Mr. Sanjay Kumar Singh, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kargahar P.S. Case No. 177 of 2025, registered for the
offence punishable under Sections 420, 467 and 468 of the
Indian Penal Code.
3. As per the allegation made in the FIR, which has
been lodged on the basis of oral direction of the District
Magistrate-cum-Collector before whom a complaint was made
by a local village namely, Lalji Paswan, that petitioner has
established a small unit of manufacturing fodders under Mukhya
Mantri Udyami Yojana on the government land.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.70227 of 2025(4) dt.24-02-2026
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petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. Petitioner has established a
small industry of manufacturing fodder in accordance with the
Mukhya Mantri Udyami Yojana. He further submitted that
nowhere it has been mentioned in the terms and conditions of
the said Yojana that the land on which the industry is to be
established, must be a raiyati land. He further submitted that the
land over which the petitioner had constructed the unit is
recorded in revenue record as 'Gair Majarua Malik' and the
Circle Officer, without considering the said fact, on the basis of
the oral direction of the District Magistrate-cum-Collector, has
initiated Encroachment Case No. 28/22-23 and has reported that
he has removed the alleged illegal construction over the alleged
government land. Thereafter, the petitioner was forced to file
Title Suit No. 2067 of 2022 before the learned Munsif, Sasaram.
He further submitted that the title is in question and before the
same having been decided, the allegation against the petitioner
that he has violated the terms and conditions of the Yojana is not
attracted. He further submitted that complaint was made by one
Laljit Paswan with whom the petitioner is on inimical terms and
three cases between the parties are pending before the
competent Court. On these grounds, petitioner seeks to be
Patna High Court CR. MISC. No.70227 of 2025(4) dt.24-02-2026
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released on pre-arrest bail.
5. Per contra, learned APP for the State vehemently
opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties and the petitioner claims that the terms and
conditions of the Mukhya Mantri Udyami Yojana under which
the petitioner has established his small industrial unit of
manufacturing fodder, don't specify that the industrial unit
should be established on raiyati land, though, the information
which has come in course of investigation, that the land has
been recorded as Gair Majarua Malik and the petitioner in this
regard has already filed Title Suit No. 2067 of 2022 before the
learned Munsif, Sasaram, I am of the opinion that petitioner has,
prima facie, made out a case to be released on pre-arrest bail
also for the reason that the objective of Mukhya Mantri Udyami
Yojana must be carried on and fulfilled.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
Patna High Court CR. MISC. No.70227 of 2025(4) dt.24-02-2026
4/4
case is pending, in connection with Kargahar P.S. Case No. 177
of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U
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