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Patna High Court

Sneha Kumari Barnawal @ Sneha BarnawalaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the petitioners had no direct involvement in the alleged agreement or receipt of money, they were granted anticipatory bail subject to surrender and bond conditions.

Summary

The petitioners, who are sisters and a relative of the main accused in a land‑sale dispute, applied for anticipatory bail after an FIR was lodged under several IPC sections alleging fraud, assault and homicide. They contended that their signatures were taken merely as co‑sharers of the property and that they had no direct role in entering the agreement or receiving money. The State opposed the bail, arguing that the petitioners were complicit. The Court examined the facts and found no evidence of direct participation by the petitioners. Consequently, it ordered anticipatory bail on the condition that they surrender within four weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023. The order was pronounced by Justice Soni Shrivastava.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite being co‑sharers of the disputed property.
  • Whether there is sufficient evidence of the petitioners' direct participation in the offences alleged in the FIR.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S., 2023 are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • land sale dispute
  • co‑sharers
  • FIR
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • bail bond
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79420 of 2025
                       Arising Out of PS. Case No.-216 Year-2025 Thana- MAIRWAN District- Siwan
                 ======================================================
           1.     Sneha Kumari Barnawal @ Sneha Barnawala Daughter of Bachcha Prasad
                  Resident of village- Samhari Garh PO -Samhari Garh PS -Roh District
                  -Nawada AT Present Berhaj, Ps- Deoria, Dist- Deoria UP
           2.    Ashish Barnwal Son of Prem Barnawal Resident of village- Khudra, Po-
                 Khudra, Ps- Khudra, Dist- Deoria UP, At Present Resident of Village-Titra
                 Bazar, Ps- Bhairawa, Dist- Siwan
           3.    Nilam Barnawal Wife of Rakesh Barnawal Resident of village- Tiwari tola,
                 Ps- Raudnpur, Ps- Rudanpur, Dist- Deoria UP At Present Resident of
                 Village- Titra Bazar, Ps- Bhairawa, Dist- Siwan
           4.     Sudha @ Sudha Barnawal Daughter of Bachcha Prasad Resident of Village-
                  Guddi Bazar Bhat Rani, Ps- bhat Rani, Dist- Deoria, UP Resident of Village-
                  Titra Bazar, Ps- Bhairawa, Dist- Siwan
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Mallika Mazumdar
                 For the State           :        Mr.Uday Chand Prasad
                 For the Informant                Mr. Abhishek Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   21-01-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered under Sections 316(2), 318(4), 352, 351(2), 338, 336(3),

                   304(2) of the BNS.

                                 3. Learned counsel for the petitioners submits that the

                   petitioner no. 1, 3 and 4 are the sisters of the main accused persons

                   who had entered into an agreement with the informant for sale of a

                   land while petitioner no. 2 is the son of one of the sister who has

                   already expired. It is submitted that it is apparent from the first

                   information report itself that the allegation of entering into an

                   agreement and even taking of the money in their account is that on
             Patna High Court CR. MISC. No.79420 of 2025(4) dt.21-01-2026
                                                         2/2




                       other co-accused persons and not on these petitioners. Their

                       signatures have only been taken as they happened to be the co-

                       sharers of the property in question.

                                    4. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State and the learned counsel for the

                       informant on the ground that the complicity of the petitioners can

                       also not be denied.

                                    5. Taking into consideration the facts and circumstances

                       and also considering the fact that the petitioners have no direct role

                       either in entering into the agreement or taking the money into their

                       accounts, let the petitioners above named, in the event of their

                       arrest or surrender before the learned Court below within a period

                       of four weeks, be released on anticipatory bail in connection with

                       Mairwa P.S. Case no. 216 of 2025 on 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 Court below

                       where the case is pending subject to the condition laid down under

                       Section 438(2) of the Code of Criminal Procedure/Section 482(2)

                       of the B.N.S.S, 2023.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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