Patna High Court
Sarika DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that bail may be granted to the petitioners subject to conditions prescribed under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, Sarika Devi and Pintu Kumar, sought bail fearing arrest in a case (Patrakar Nagar PS Case No. 241 of 2025) involving alleged offences under Sections 316(2), 318(4) and 3(5) of the Bihar Negotiable Securities Act, 2023. They claimed innocence, stating that they had executed a sale deed after receiving the balance consideration of Rs. 25,65,016. The State opposed the bail, arguing the seriousness of the charges. The court noted that the sale deed had been executed and that the petitioners had no prior criminal antecedents, and that they had not previously applied for anticipatory or regular bail. Applying Section 482(2) of the B.N.S., 2023, the court granted bail on condition of a Rs. 10,000 bond with two sureties and stipulated cancellation if criminal antecedents or false statements were later discovered. The order directed the lower court to enlarge bail within eight weeks of receipt of the order.
Issues considered
- Whether bail should be granted to the petitioners in a case involving offences under Sections 316(2), 318(4) and 3(5) of the B.N.S., 2023.
- Whether the execution of the sale deed and receipt of consideration affect the liability of the petitioners.
- Whether the petitioners' failure to earlier apply for anticipatory or regular bail precludes granting bail now.
- What conditions may be imposed under Section 482(2) of the B.N.S., 2023 while granting bail.
Legislation cited
- B.N.S., 2023 — s. 316(2), 318(4), 3(5), 482(2)
Subjects
- bail
- anticipatory bail
- criminal antecedents
- sale deed
- Section 482
- Bihar Negotiable Securities Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77072 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- PATRAKARNAGAR District- Patna
======================================================
1. Sarika Devi S/o- Pintu Kumar @ Pintu Kumar Gupta R/v- Fatehpur Ps-
Didarganj Dist- Patna A/P- Sahiba Beauty Parlor Sampatchak Behind PNB
Bank Ps- Gopalpur Dist- Patna
2. Pintu Kumar @ Pintu Kumar Gupta S/o- Dasath Saw @ Dashrath Saw R/v-
Fatehpur Ps- Didarganj Dist- Patna A/P- Sahiba Beauty Parlor Sampatchak
Behind PNB Bank Ps- Gopalpur Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Sarraf W/o- Manoj Sarraf R/o- Janki Nagar, Hanuman Nagar,
Kankarbagh Ps- Patrakar Nagar, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Patrakar Nagar P.S. Case No.-241 of 2025, registered for the
offences punishable under Sections 316(2), 318(4) and 3(5) of
B.N.S., 2023.
3. As per allegation, the petitioners have not executed
the sale deed in regard to the land in question despite getting
part consideration amount.
Patna High Court CR. MISC. No.77072 of 2025(3) dt.24-02-2026
2/3
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that now supplementary affidavit has
been filed by the petitioners stating that after getting the balance
consideration amount of Rs. 25,65,016/-, the petitioner No. 1
has executed the sale deed on 03.12.2025 in favour of O.P. No.
2/informant.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. In view of the nature of the case and execution of
the sale deed in favour of O.P. No. 2, this petition is allowed,
directing the petitioners above-named, to be enlarged on bail, in
the event of their arrest or surrender before the court below
within a period of eight weeks from the date of receipt /
production of a copy of this order, on their furnishing bail bonds
in the sum of Rs. 10,000 /- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.77072 of 2025(3) dt.24-02-2026
3/3
Concerned Court below, in connection with Patrakar Nagar P.S.
Case No.-241 of 2025, subject to the conditions as laid down
under Section 482 (2) B.N.S.S., 2023 and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
U T
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