Patna High Court
Shambhu SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the petitioner was merely a witness and not a beneficiary, he is entitled to anticipatory bail subject to the stipulated conditions.
Summary
The petitioner, Shambhu Sahu, was named in an FIR for alleged cheating in a land transaction and charged under Sections 318(4), 308(3), 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023. He contended that he was only a witness to the agreement and derived no monetary benefit, arguing that the dispute was essentially civil. The State opposed his application for anticipatory bail. The court noted that the informant failed to appear despite service of notice and observed that the primary allegation against the petitioner was merely signing as a witness. Considering the lack of any direct benefit to the petitioner and the civil nature of the dispute, the court ordered that he be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita given the allegations in the FIR.
- Whether the matter constitutes a criminal offence or a civil dispute, thereby affecting the propriety of criminal prosecution.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 308(3), 318(4), 3(5), 351(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- civil dispute
- criminal prosecution
- land fraud
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70767 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- Sonki District- Darbhanga
======================================================
Shambhu Sahu S/O Late Ram Prasad Sahu R/O Vill.- Jakauli, P.S. Sonki,
District Darbhanga.
... ... Petitioner
Versus
1. The State of Bihar
2. Maniraj Raj Kumar Mahaseth R/o- Village- Ratnopatti, ward no.09, P.S.-
Nagar, Dist.- Darbhanga
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Sonki P.S. Case
No. 40 of 2025 registered for the offences punishable under
Sections 318(4), 308(3), 351(2) & 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, named co-accused persons including
petitioner alleged to cheat the informant in connection with
purchase of land measuring about five Bighas.
4. It is submitted by learned counsel appearing for the
petitioner that petitioner is a witness of agreement and
Patna High Court CR. MISC. No.70767 of 2025(3) dt.11-02-2026
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admittedly he is not the beneficiary of any monetary
transaction. It is pointed out that primarily the dispute
appears civil in nature for which the present criminal
prosecution is completely unoccasioned and unwarranted.
Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioner.
6. Notice was issued to the informant/O.P. No. 2 which
was received by him personally. Despite valid service of
notice, none turned up on behalf of the informant/O.P. No. 2
as to join the present proceeding.
7. In view of aforesaid factual submission and by
taking note of the fact as primarily the dispute between the
parties appears civil in nature, where maximum allegation
appears available against the petitioner is to sign the
agreement as a witness, coupled with the fact that petitioner
prima facie not appears beneficiary of any alleged monetary
transaction, accordingly, above-named petitioner, in the event
of his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
Patna High Court CR. MISC. No.70767 of 2025(3) dt.11-02-2026
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bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.-
IX, Darbhanga/concerned court in connection with Sonki P.S.
Case No. 40 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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