Patna High Court
Sneha Kumari Barnawal @ Sneha BarnawalaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 304(2), 316(2), 318(4), 336(3), 338, 351(2), 352
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
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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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