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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that prima facie material exists connecting the petitioner to the alleged offences and therefore denied anticipatory bail.

Summary

The Patna High Court considered an application for anticipatory bail filed by Suraj Kumar, who was alleged to have threatened, extorted, and used forged documents to claim ownership of a disputed parcel of land. The prosecution alleged that Kumar, along with accomplices, stopped construction work, demanded a large sum, and threatened violence, invoking multiple offences under the Bharatiya Nyaya Sanhita. Kumar contended that he had purchased the land through a registered sale deed and that a bona‑fide title dispute existed, asserting that the FIR contained contradictory statements. The informant countered that the sale deed was fabricated, that Kumar was part of a land‑mafia, and highlighted a prior bail denial and a bounced‑cheque complaint under Section 138 of the Negotiable Instruments Act. After evaluating the material, the court found prima facie evidence linking Kumar to the offences and declined to grant anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite prima facie evidence of offences under the Bharatiya Nyaya Sanhita.
  • Whether the dispute over land title and alleged forgery affects the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • extortion
  • forged documents
  • title dispute
  • Bharatiya Nyaya Sanhita
  • Negotiable Instruments Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79985 of 2025
                      Arising Out of PS. Case No.-521 Year-2025 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Suraj Kumar S/o Late Ashok Yadav R/o Mohalla - Daud Bigha, P.S -
                 Agamkuan,Dist- Patna

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hansraj, Advocate
                                                 Mr. Pramod Kumar, Advocate
                 For the Informant        :      Mr. P.N. Shahi, Sr. Advocate
                                                 Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Syed Ehteshamuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   02-04-2026                     Heard Mr. Hansraj, learned Counsel for the

                   petitioner, Mr. P.N. Shahi, learned Senior Counsel for the

                   Informant and learned Additional Public Prosecutor for the

                   State.

                                 2. This application, for grant of anticipatory bail,

                   in connection with P.T.N. 3364 of 2025, arises out of

                   Agamkuan P.S. Case No. 521 of 2025 for the offence

                   registered under Sections 126(2), 115(2), 308(5), 338,

                   336(3), 340(2), 318(4), 352, 351(2), 61(2) of Bharatiya

                   Nyaya Sanhita.

                                 3. As per the prosecution case, when the informant

                   was constructing the boundary of his land bearing Khata
Patna High Court CR. MISC. No.79985 of 2025(5) dt.02-04-2026
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          No. 301, Plot No. 481, situated at Mauza-Kumhrar, the

          petitioner along with four unknown persons arrived there

          and stopped the construction work and abused the laborers.

          When the contractor informed the informant about the

          incident, thereafter, the informant arrived upon his land

          along with his brother. Having seen them, the petitioner and

          other accused persons started abusing him, and when he

          objected, they started threatening the informant that if the

          work would not be stopped, they would shoot him and they

          would not refund the amount of Rs. two crores thirty lakhs

          given to the petitioner by the informant. The petitioner did

          not allow the informant to construct boundary upon the land

          on the ground that the petitioner has got the land in question

          registered in his favour. It has further been alleged that on

          the basis of forged document, the petitioner is claiming the

          title upon the subject land and got electric meter installed

          illegally. They further demanded extortion amount from the

          informant and also took rupees one lakh from the

          informant’s clerk on the point of gun and further threatened

          that if the work would not be stopped, they would be done

          away with. They also pressurised to withdraw the
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          Agamkuan P.S. Case No. 837 of 2023 and Agamkuan P.S.

          Case No. 424 of 2025.

                       4. Mr. Hansraj, learned counsel for the petitioner

          submits that the petitioner has falsely been implicated in

          this case inasmuch as the petitioner has purchased the land

          in question from one Kailash Sahni by way of registered

          sale deed dated 05.05.2025, and he is the rightful owner of

          the land in question. The copy of sale deed registered in

          favour of the petitioner has been annexed at Annexure P/2

          of the bail application. He further submits that there is bona

          fide dispute of title between the informant and the

          petitioner. The land is originally owned by one Veena Jha

          who sold the same in favour of Kailash Sahni and in turn

          the petitioner has purchased the land from Kailash Sahni. It

          has further been submitted that the falsity of the allegation

          against the petitioner is further evident from perusal of FIR

          of Agamkuan P.S. Case No. 424 of 2025, in which the

          informant has stated that he has entered an agreement with

          Veena Jha for the land in question, while in the present FIR,

          the informant claims to be the owner of the land in question,

          which is contrary to each other. The petitioner has neither
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          demanded any extortion from the informant nor any

          extortion amount has been delivered to him. The petitioner

          has installed electric meter upon the land in question on the

          basis of he is being the rightful owner of the land.

                       5. On the other hand, Mr. P.N. Shahi, learned

          Senior Counsel for the Informant vehemently opposed the

          prayer for anticipatory bail and submits that the petitioner is

          a land broker and land mafia and is indulged in illegal

          activities in order to extort money from the rightful

          purchaser of the land. Earlier the informant had contacted

          the petitioner for purchase of a piece of land and the

          petitioner agreed to sell the land in question situated at

          Agamkuan and assured him to get the land registered in his

          name through its owner, Veena Jha.

                       6. When the land for which the informant paid

          huge amount to the petitioner was not transferred in favor of

          the informant, the informant, upon inquiry, came to know

          that the petitioner never contacted the rightful owner of the

          land, namely, Veena Jha. In that situation, the informant

          entered into registered agreement for the sale dated

          15.06.2023 with Veena Jha for total consideration amount
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          of Rs. 1 crore 95 lakhs. The possession of the land was

          delivered to the informant by Veena Jha as per the

          registered agreement for sale, and thereafter, the informant

          started construction of boundary wall on the subject land,

          upon which the petitioner threatened the informant with dire

          consequences and demanded extortion amount based upon

          the forged sale deed allegedly executed and registered by

          Veena Jha in favor of one Kailash Sahni, from whom the

          petitioner has purchased by way of registered sale deed

          dated 05.05.2025, annexed at Annexure P/2 of the bail

          application.

                       7. Learned Senior Counsel further submits that

          when the land was not registered in favour of the informant

          even after paying the amount of Rs. 2 crore 30 lakhs to the

          petitioner, the informant was compelled to lodge an FIR

          against the informant having Agamkuan P.S. Case No. 837

          of 2023. The anticipatory bail application of the petitioner

          was rejected by the High Court in the aforesaid P.S. Case

          No. 837 of 2023; thereafter, the petitioner moved an

          application for regular bail before Patna City Court having

          B.P. No. 968 of 2024. In the said regular bail application,
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          the petitioner agreed to refund the entire amount in favour

          of the informant by way of the compromise petition filed

          before the City Court, having the terms and conditions for

          refund of the amount mentioned in para 3 of the

          compromise petition. The petitioner failed to abide by the

          terms of compromise also and and the post dated cheques

          given to the informant were bounced for which the

          informant filed complaint against the petitioner under

          Section 138 of N.I. Act having Complaint Case No. 10854

          of 2025. The bail allowed on the basis of compromise on

          the promise of the petitioner that he would pay the entire

          amount dated 05.12.2024 was subsequently cancelled by

          the City Court on 17.01.2026.

                       8. Learned counsel next submits that the sale deed,

          which has been produced as Annexure P/2 by the petitioner,

          is also a false and fabricated document inasmuch as in

          description of land the petitioner has disclosed the deed no.

          1683 of 1990 of erstwhile owner Smt. Veena Jha which

          during the investigation by the police has been found to be

          forged and fabricated. The deed no. 1683 belongs to one

          Savitri Devi, wife of Vaidhnath Singh, and is not the deed in
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          favour of Smt. Veena Jha. Further, the petitioner has

          claimed that Veen Jha sold the land in favour of Kailash

          Sahni, but no details of the sale in favour of Kailash Sahni

          by the alleged Veen Jha has been mentioned in the sale

          deed, including the deed number, page no., etc. Only a bald

          statement has been made without any document of title

          including the revenue receipt being issued in favour of

          Kailash Sahni. Accordingly, the submission is that the

          petitioner, on the basis of forged and fabricated document

          and the fabricated sale deed, is trying to disturb the

          possession of the informant on the land in question, who

          has entered into registered agreement for sale with transfer

          of possession with its rightful owner, Smt. Veena Jha. The

          copy of the registered agreement for sale with Veena Jha

          has been annexed at Annexure O.P. 2/5 to the counter

          affidavit.

                       9. Lastly, it has been submitted that the conduct of

          the petitioner, is further apparent from the fact that the wife

          of the petitioner was granted anticipatory bail by this Court

          arising out of an FIR bearing Agamkuan PS Case No. 837

          of 2023 in Cr. Misc. No. 56935 of 2025 and at the time of
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                     surrender she was impersonated at the behest of the

                     petitioner for which on the direction of the concerned court,

                     FIR bearing Alamganj P.S. Case No. 980 of 2025 has been

                     lodged at Patna City against the petitioner and his wife.

                                  10. Regards being had to submissions made by the

                     parties, the materials available on record in totality and the

                     nature of allegation made in the FIR this court finds that

                     there is prima facie material against the petitioner to

                     connect him with the present offence, I am not inclined to

                     grant the petitioner privilege of anticipatory bail.

                                  11. Accordingly, the prayer for bail is rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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