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Patna High Court

Dharmendra Kumar HimanshuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                    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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