Patna High Court
Nagina SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the conditions specified in the order.
Summary
The petitioner, Nagina Sah, sought relief from anticipated arrest in a trial (No. 2558 of 2023) stemming from a 2022 complaint alleging offences under IPC sections 406, 420 and 504 relating to alleged fraudulent sale of his father's land. The prosecution alleged that the petitioner, brother of the informant, misrepresented his father as deceased, causing the informant to lose half of the sale consideration (approximately Rs. 5 lakh). The petitioner contended his innocence and offered to return the disputed amount. The High Court, after hearing, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, and to comply with conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. Additional conditions required a demand draft of Rs. 1.25 lakh to the informant and payment of the remaining Rs. 3.75 lakh in equal monthly installments over four months, with default leading to automatic bail cancellation.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under IPC sections 406, 420 and 504.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482 BNSS are appropriate and sufficient to ensure the petitioner's appearance and prevent tampering with evidence.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- Section 482 BNSS
- IPC 406
- IPC 420
- IPC 504
- land fraud
- East Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73205 of 2025
Arising Out of PS. Case No.-535 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Nagina Sah S/o Basanti Sah R/o Village- Chandrahiya, P.S.- Muffasil,
District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Madan Prasad Sah S/o Basanti Sah R/o Village- Chandrahiya, P.S.- Muffasil,
District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Ramchandra Sahni
Mr. Jharkhandi Upadhyay, APP Incharge
Mr. Shyam Kumar Singh
For the Informant : Mr. Vijay Shankar Shrivastava
Ms. Ankita
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Trial No. 2558 of 2023 arising out of
Complaint Case No. C-535 of 2022 registered for the offence
under Sections 406, 420 and 504 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is the
brother of the informant and he is alleged to have sole the land
belonging to his father, showing his father to be dead which has
resulted in loss of 50 percent of the sale consideration amount to
the informant.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.73205 of 2025(4) dt.26-02-2026
2/3
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner is ready to return the 50 percent of sale consideration
amount which comes to around 5 lakhs.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran, Motihari/concerned Court below
in connection with Trial No. 2558 of 2023 arising out of
Complaint Case No. C-535 of 2022, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
7. As a condition of this order, the petitioner will
bring a demand draft of Rs. 1.25 lakhs in the name of the
informant at the time of furnishing his bail bonds and thereafter
his bail bonds shall be accepted by the Court below. It is made
clear that rest of the balance amount i.e. Rs. 3,75,000/- shall be
paid to the informant in equal monthly installments in the next
Patna High Court CR. MISC. No.73205 of 2025(4) dt.26-02-2026
3/3
four months.
8. It is also made clear that any default in payment of
the monthly installment amount will result in automatic
cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…