Patna High Court

Shrawan Rai @ Sharwan RaiversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioner, subject to a bond and sureties, finding the dispute primarily civil in nature.

Summary

Shrawan Rai was arrested in connection with a land sale alleged to be fraudulent, as reported by informant Shambhu Kumar. The prosecution charged him under several provisions of the Bhartiya Nyaya Sanhita, 2023, alleging collusion with a revenue clerk. Rai contended that the matter was essentially a civil dispute arising from a pending partition suit and that the criminal case was a tactic to exert pressure. The State opposed his bail application, while Rai’s counsel argued his innocence and clean antecedents. The court, considering the civil nature of the underlying dispute and other circumstances, granted bail on the condition of a Rs.10,000 bond with two sureties, invoking Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether the alleged fraudulent land sale constitutes a cognizable offence warranting denial of bail
Whether the civil nature of the underlying partition suit precludes criminal prosecution
Whether bail can be granted under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5), 61(2)

Subjects

bail
fraudulent land sale
civil dispute
criminal proceedings
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
Section 482
partition suit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73677 of 2025
                        Arising Out of PS. Case No.-74 Year-2025 Thana- Mufassil District- Khagaria
                 ======================================================
                 Shrawan Rai @ Sharwan Rai S/o Late Ram Lagan Rai R/o Village -
                 Sansarpur, P.S - Mufassil, District - Khagaria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Arun Kumar , Advocate
                 For the Opposite Party/s :         Mr. Ram Sumiran Rai , APP
                                          :         Mr. Mrityunjay Kumar , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                    Heard learned counsel for the petitioner, State and
                   informant.
                                2. The petitioner apprehends his arrest in Mufassil
                   P.S. Case No. 74 of 2025, registered for the offence under
                   Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the
                   Bhartiya Nyaya Sanhita, 2023.
                                3. The informant, namely, Shambhu Kumar, alleged
                   that on the basis of application of Kamal Kumar and Vimal
                   Kumar, an enquiry was conducted by D.C.L.R., Khagaria.
                   Relevant papers of land were produced by this Shrawan Rai in
                   the Circle Office, in which, Murti Devi was shown as purchaser
                   of land. After enquiry, it was found that sale was fraudulent for
                   personal gain by this petitioner in collusion with with co-
                   accused Rahul Deo who was posted as Revenue Clerk in the
                   Circle Office.
                                4. Learned counsel for the petitioner submitted that
                   petitioner is quite innocent and has committed no offence as
                   alleged. It is further submitted that partition suit is pending
            Patna High Court CR. MISC. No.73677 of 2025(2) dt.16-01-2026
                                                        2/2




                      between the parties, vide Title Partition Suit No. 40 of 2021.
                      Moreover, the dispute involved in this case is purely civil in
                      nature and a colour of criminal case is given only with a view to
                      put pressure upon the petitioner. Petitioner claims clean
                      antecedent.
                                   5. Learned A.P.P. for the State and learned counsel for
                      the informant vehemently opposed the bail petition.
                                   6. Considering the aforesaid facts, nature of dispute
                      and other circumstances let the above named petitioner, in the
                      event of arrest/surrender within a period of eight weeks from
                      today, be enlarged on bail on furnishing bail-bond of Rs.
                      10,000/- (ten thousand) with two sureties of the like amount
                      each to the satisfaction of learned Chief Judicial Magistrate,
                      Khagaria in connection with Mufassil P.S. Case No. 74 of 2025,
                      subject to condition as laid down under Section 482(2) of the
                      Bhartiya Nagrik Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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