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Patna High Court

Neel Kamal VermaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The provisional bail granted on 08‑09‑2023 is hereby made absolute.

Summary

The petitioners, Neel Kamal Verma and Amol Kumar, sought confirmation of provisional bail granted on 08‑09‑2023 in a case alleging illegal sale of government land. The bail was conditioned on returning the entire consideration amount to the informant, Pulak Priesh, which the petitioners deposited before the District Court on 29‑04‑2025. The respondent argued that the Circle Officer correctly refused mutation of the land and that the petitioners' remedy lay in civil court or refund. The court noted that, with the bail order now final, Section 403 of the Bharatiya Nyaya Sanhita may bar further criminal proceedings, but the deposited amount could be released by the District Court upon the informant's application. Relying on precedents (Paramjeet Batra v. State of Uttarakhand and S.N. Vijayalakshmi v. State of Karnataka), the court made the provisional bail absolute and directed the District Court to order release of the amount, thereby disposing of the modification application.

Issues considered

  • Whether the provisional bail can be converted to absolute bail after the petitioner fulfills the condition of returning consideration amount
  • Whether Section 403 of the Bharatiya Nyaya Sanhita bars further criminal proceedings once bail becomes absolute
  • What remedy is available for the informant to recover the deposited consideration amount

Legislation cited

Subjects

  • bail
  • provisional bail
  • absolute bail
  • government land sale
  • Section 403
  • Bharatiya Nyaya Sanhita
  • deposit of consideration
  • civil remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71673 of 2024
                                              In
                              CRIMINAL MISCELLANEOUS No.12356 of 2023
                    Arising Out of PS. Case No.-561 Year-2022 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
           1.     Neel Kamal Verma Wife of Late Shailendra Kumar Verma @ Shailendra
                  Prasad Verma @ Bandhujee R/O Mohalla- Indra Nagar Chhatauni Chowk
                  P.S- Chhatauni, Dist.- East Champaran, Motihari
           2.    Amol Kumar @ Binu @ Alok Kumar Son of Late Shailendra Kumar Verma
                 @ Shailendra Prasad Verma @ Bandhujee R/O Mohalla- Indra Nagar
                 Chhatauni Chowk P.S- Chhatauni, Dist.- East Champaran, Motihari

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Pulak Priesh Son of Chandra Kishore Prasad R/O Vil.- Belbana, ward no.
                 22, P.S.- Nagar, Dist.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Madhurendra Kumar, Advocate
                 For the OP No.2          :      Mr.Shankar Shekhar, Advocate
                 For the Opposite Party/s :      Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   15-04-2026                     Heard Mr. Madhurendra Kumar, learned counsel

                   appearing on behalf of the petitioner; Mr. Shankar Shekhar,

                   learned counsel for OP No.2 and Mr. Chandra Sen Prasad Singh,

                   learned APP for the State.

                                2. The present modification application has been filed

                   for confirmation of provisional bail granted to the petitioner,

                   vide order dated 08.09.2023 passed in Cr. Misc. No.12356 of

                   2023.

                                3. Mr. Shankar Shekhar, learned counsel appearing on
Patna High Court CR. MISC. No.71673 of 2024(5) dt.15-04-2026
                                            2/4




          behalf of O.P. No. 2 informs this Court that the petitioner has

          allegedly sold government land pertaining to Plot No. 207 and

          Khata No. 297, measuring a total area of 2 kathas to the

          informant (OP No.2), which stands recorded as government land

          in the Government Contiguous Register and for the said reasons,

          the Circle Officer concerned has refused to mutate the said land.

                       4. Learned counsel fairly admits that the action of the

          Circle Officer is in accordance with law and the only remedy

          available to the petitioner is either to institute appropriate

          proceedings before the competent civil court for cancellation of

          the sale deed or to return the entire consideration amount to the

          informant.

                       7.   Mr.     Madhurendra          Kumar,   learned   counsel

          appearing on behalf of the petitioner informs this Court that vide

          order dated 08.09.2023 passed in Cr. Misc. No. 12356 of 2023,

          the petitioner has been granted provisional bail subject to the

          condition that the petitioner shall return the entire consideration

          amount to the informant. Learned counsel further submitted that

          the petitioner has complied with the said condition by

          depositing the entire amount on 29.04.2025 before the learned

          District Court, instead of handing over the same directly to O.P.

          No. 2.
Patna High Court CR. MISC. No.71673 of 2024(5) dt.15-04-2026
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                       8. Since the said order of granting provisional bail has

          attained finality, the bar as contemplated under Section 403 of

          the Bharatiya Nyaya Sanhita may operate in the present case.

          However, considering the fact that the Petitioner has already

          deposited the entire consideration amount, which is presently

          lying before the learned District Court/Judicial Magistrate, 1st

          Class, Motihari/successor court and the Informant is aware of

          the same, the Informant may file an application before the

          learned district court for release of the aforesaid amount in his

          favour.

                       9. The learned District Court shall pass appropriate

          order for release of the deposited amount in favour of O.P. No. 2

          to give quietus to the ongoing litigation between the parties in

          view of the law laid down by the Apex Court in case of

          Paramjeet Batra vs State of Uttarakhand reported in (2013) 11

          SCC 673 and S.N. Vijayalakshmi & Ors. vs The state of

          Karnataka and Anr. reported in 2025 SCC OnLine SC 1575.

                       10 In view of the aforesaid facts and circumstances of

          the case, the provisional bail granted to the petitioner vide order

          dated 08.09.2023 passed in Cr. Misc. No. 12356 of 2023 is

          hereby made absolute.

                       11. With the above observation/direction, the present
            Patna High Court CR. MISC. No.71673 of 2024(5) dt.15-04-2026
                                                        4/4




                      modification application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T   .


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