Patna High Court
Neel Kamal VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- Bharatiya Nyaya Sanhita — s. 403
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
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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.
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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
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modification application stands disposed of.
(Purnendu Singh, J)
chn/-
U T .
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