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Patna High Court

Vishnu Kumar @ SanojversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the dispute is primarily civil and granted bail to the petitioners.

Summary

The petitioners, Vishnu Kumar and Vikash Singh, were implicated in a criminal complaint (Case No. 325 of 2023) alleging offences under IPC sections 406, 420, 467, 468, 120(B) and 34, stemming from a land sale dispute. The FIR alleged that they received Rs. 1 lakh on the instructions of Satish Kumar, who had entered into a sale agreement with the informant for Rs. 1.5 crore. The petitioners contended that the agreement was solely between the informant and Satish Kumar, that the dispute was essentially civil, and that they had no role in any criminal conspiracy. The State opposed bail, while the informant’s counsel admitted the agreement but claimed the petitioners were part of a larger conspiracy. The Court observed that the matter was primarily a civil dispute and, noting the lack of direct involvement, ordered the release of both petitioners on bail with a bond of Rs. 10,000 each, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • The applicability of criminal provisions to a dispute that is essentially civil in nature
  • Whether the petitioners' receipt of Rs. 1 lakh makes them liable for offences under IPC sections 406, 420, 467, 468, 120(B) and 34
  • The appropriateness of granting bail under Section 482(2) of the CrPC

Legislation cited

Subjects

  • bail
  • civil dispute
  • criminal complaint
  • Indian Penal Code
  • Criminal Procedure Code
  • land sale
  • conspiracy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78564 of 2024
                    Arising Out of PS. Case No.-325 Year-2023 Thana- PHULWARISHARIF District- Patna
                  ======================================================
                  Vishnu Kumar @ Sanoj Son of Krishna Ray Resident of Rupaspur Dhanaut
                  Sahay Nagar, Police Station - Rupaspur, District – Patna.... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar.
            2.     Ravi Raj S/o- Late Banarsi Rai, Village- Fuliya Tola, P.S.- Phulwarisharif,
                   Dist.- Patna.
                                                                       ... ... Opposite Party/s
                  ======================================================
                                                         with
                              CRIMINAL MISCELLANEOUS No. 79876 of 2024
                    Arising Out of PS. Case No.-325 Year-2023 Thana- PHULWARISHARIF District- Patna
                  ======================================================
                  Vikash Singh Son of Sri Jagdish Prasad R/o - Hari Bhajan path, Bank colony,
                  Bigrahpur Road, Ps- Ram Krishna Nagar, Dist- patna.       ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar.
            2.     Ravi Raj, S/o- Late Banarsi Rai, Village- Fuliya Tola, P.S.- Phulwarisharif,
                   Dist.- Patna.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  (In CRIMINAL MISCELLANEOUS No. 78564 of 2024)
                  For the Petitioner/s     : Mr.Shantanu Kumar, Advocate
                  For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
                  (In CRIMINAL MISCELLANEOUS No. 79876 of 2024)
                  For the Petitioner/s     : Mr.Shantanu Kumar, Advocate
                  For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

14   22-01-2026                                 Cr. Misc. No. 78564 of 2024

                                             with Cr. Misc. No. 79876 of 2024

                                Heard learned counsel appearing on behalf of the

                    petitioners, learned Additional Public Prosecutor appearing on

                    behalf of the State and learned counsel appearing on behalf

                    of the informant.
Patna High Court CR. MISC. No.78564 of 2024(14) dt.22-01-2026
                                            2/4




                       2. The accused/petitioners apprehending their

          arrest in connection with Phulwarisharif P.S. Case No. 325 of

          2023 registered for the offences punishable under Sections

          406, 420, 467, 468, 120(B)/34 of the Indian Penal Code.

                       3. As per FIR, informant entered into an agreement

          on 22.05.2022 with one Satish Kumar for a piece of land

          against total consideration of Rs. 1.5 crores, out of which 96

          lacs in total was paid to different accounts under instruction of

          Satish Kumar, out of which these petitioners also received Rs.

          1 lac to his account.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that admittedly the agreement for

          sale was executed between informant and Satish Kumar

          having no connection with these petitioners. It is pointed out

          that when the informant failed to pay entire consideration

          amount within time, the sale agreement was not tooks its final

          shape through desired sale deed and in meantime, when the

          rate land enhanced, the informant pressurized to the Satish

          Kumar to execute the sale deed against the old consideration,

          for which the time period was already over.
Patna High Court CR. MISC. No.78564 of 2024(14) dt.22-01-2026
                                            3/4




                       5. Arguing further, it is submitted that the disputes

          primarily civil in nature, for which this criminal complaint case

          is completely unoccasioned and unwarranted and these

          petitioners implicated only for the reasons that informant

          under instruction of Satish Kumar transferred Rs. one lac to

          the account of these petitioners.

                       6. Learned APP opposed the prayer of bail.

                       7. Learned counsel Mr. Virendra Kumar Ray,

          appearing on behalf of the informant, while opposing the

          prayer of bail fairly conceded that agreement in issue was

          executed between Satish Kumar and the informant but as

          these petitioners received Rs. 1 lac under instruction of said

          Satish Kumar, they are the part of larger conspiracy.

                       8. In view of aforesaid factual submissions and by

          taking note of fact as primarily the dispute appears civil in

          nature, where admittedly agreement for sale was executed

          not with these petitioners rather with one Satish Kumar,

          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
              Patna High Court CR. MISC. No.78564 of 2024(14) dt.22-01-2026
                                                          4/4




                        on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) each with two sureties of the like amount each to

                        the satisfaction of the learned Addl. Sessions Judge-XII,

                        Patna/concerned Court, where the case is pending in

                        connection with Phulwarisharif P.S. Case No. 325 of 2023

                        subject to the conditions as laid down under Section 482(2) of

                        the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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