Patna High Court
Amit Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the dispute is essentially civil and bail is appropriate under Section 482(2) of the Bihar Negotiable Sale Act.
Summary
Amit Kumar Sharma and his wife Rakhi Devi were arrested in connection with FIR No. 550 of 2025 alleging cheating of Rs. 15 lakh arising from a land dispute. They contended that the matter was essentially a civil dispute over a sale deed and that the FIR was a false case. The petitioners, already involved in two other criminal cases on bail, applied for bail. The learned Additional Public Prosecutor opposed the bail. The Court observed that the dispute was civil in nature and, applying Section 482(2) of the Bihar Negotiable Sale Act, directed that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each, subject to conditions. The order effectively disposed of the bail petition.
Issues considered
- Whether the FIR constitutes a cognizable offence justifying denial of bail
- Whether the underlying land dispute is civil in nature warranting bail under Section 482(2) of the BNSS
- Whether the petitioners' prior criminal antecedents preclude grant of bail
Legislation cited
- Bihar Negotiable Sale Act — s. 316(2), 318(4), 3(5), 482(2)
Subjects
- bail
- civil dispute
- land dispute
- Section 482
- Bihar Negotiable Sale Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78527 of 2025
Arising Out of PS. Case No.-550 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
1. Amit Kumar Sharma son of Gorelal sharma Resident Of Village- Gajachak
Mahmmadpur Ps- Janipur Dist -Patna.
2. Rakhi Devi Wife of Amit Kumar Sharma Resident Of Village- Gajachak
Mahmmadpur Ps- Janipur Dist -Patna.
... ... Petitioner/s
Versus
The State of Bihar . ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 24-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Phulwarisharif P.S. Case No. 550 of
2025 registered for the offences punishable under Sections
316(2), 318(4), 3(5) of BNS.
3. As per FIR, informant alleged
accused/petitioners to cheat a sum of Rs. 15 lacs arising out
of land dispute.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that primarily disputes between the
Patna High Court CR. MISC. No.78527 of 2025(4) dt.24-02-2026
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parties appears civil in nature. It is pointed out that FIR
speaks itself that after receiving consideration amount, the
sale deed was executed but as due to certain reasons as
informant could not raise boundary wall, the present false
case was raised. It is submitted that Sonepur P.S. Case No.
22/25 is of no bearing on the merit of this case, as it was
lodged in connection with different offence as speaks through
FIR itself.
5. Explaining criminal antecedent, it is submitted by
learned counsel that both petitioners found involved in two
more criminal cases, where they are on bail.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as primarily dispute between the parties
appears civil in nature arising out of land dispute, accordingly,
both above named petitioners, in the event of their arrest or
surrender before the learned trial Court, within a period of
four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.78527 of 2025(4) dt.24-02-2026
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satisfaction of the learned Additional Chief Judicial
Magistrate-IV, Patna/concerned Court, where the case is
pending in connection with Phulwarisharif P.S. Case No. 550
of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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