Patna High Court
Vikash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioners are not liable for the alleged offences and granted them bail.
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 relating to a land sale transaction. The FIR alleged that they received Rs. 1 lakh in the course of a Rs. 1.5 crore agreement between the informant and Satish Kumar, and were therefore part of a larger conspiracy. The petitioners contended that the sale agreement was solely between the informant and Satish Kumar, that the dispute was essentially civil, and that they had no role in the alleged fraud. The State opposed the bail application, while the informant’s counsel admitted the agreement but maintained the petitioners were conspirators. The High Court observed that the primary dispute was civil, the agreement was not executed with the petitioners, and consequently found no justification for their continued detention. The Court ordered that both petitioners be released on bail with a bond of Rs. 10,000 each, two sureties, and subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners can be held liable for offences under IPC sections 406, 420, 467, 468, 120(B) and 34 in connection with the land sale dispute
- Whether the criminal complaint is maintainable given that the underlying dispute appears to be civil in nature
- Whether bail should be granted to the petitioners pending trial
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 120(B), 34, 406, 420, 467, 468
Subjects
- bail
- civil dispute
- criminal complaint
- Indian Penal Code
- Section 482
- land sale
- conspiracy
- fraud
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
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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
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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
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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/-
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