Patna High Court
Sawal Ram DroliaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sawal Ram Drolia, a 71‑year‑old, was arrested in Lakhisarai P.S. Case No. 619 of 2024 for offences under Sections 316(2), 318(4), 61(2), 336(3) and 338 of the Bharatiya Nyaya Sanhita, 2023, arising from a long‑standing land dispute between his ancestors and those of the informant. The petitioner sought regular bail, arguing that the matter was essentially a civil dispute over land titles and that his advanced age and prolonged custody warranted release. The informant opposed bail, contending that the petitioner had illegally transferred the informant’s land to a co‑accused without any title. The Court examined the nature of the criminal allegations, the petitioner’s age, and the period of detention, and concluded that bail was appropriate. Accordingly, the Court ordered the petitioner’s release on a bail bond of Rs 20,000 with two sureties of the same amount.
Issues considered
- Whether a petitioner aged 71, charged with offences under Sections 316(2), 318(4), 61(2), 336(3) and 338 of the Bharatiya Nyaya Sanhita, 2023, is entitled to regular bail despite the seriousness of the allegations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 61(2)
Subjects
- regular bail
- land dispute
- criminal offence
- age factor
- Bharatiya Nyaya Sanhita
- civil vs criminal jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86697 of 2025
Arising Out of PS. Case No.-619 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
Sawal Ram Drolia Son of Late Nandlal Drolia R/o Village - Purani Bazar, P.S.
and Dist. - Lakhisarai, at present C/5 Mahima Palace, Govind Mitra Road,
Patna, P.S. - Pirbahore, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Informant : Mr. Prakash Chandra Jha, Advocate
Mr. Binod Kumar Mishra, Advocate
Ms. Kumari Anjali, Advocate
For the State : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the Petitioner, Mr. Prakash Chandra Jha, learned counsel for the
informant and Mr. Satyendra Prasad, learned APP for the State.
2. Petitioner seeks regular bail in connection with
Lakhisarai P.S. Case No. 619 of 2024 dated 15.11.2024
registered for the offences punishable under Sections 316(2),
318(4), 61(2), 336(3) and 338 of the Bharatiya Nyaya Sanhita,
2023.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner, who is a seventy-one year old
person, has been languishing in jail since 18.09.2025, in fact,
Patna High Court CR. MISC. No.86697 of 2025(2) dt.09-01-2026
2/3
between the ancestor of the petitioner and the informant’s
ancestor, some lands were exchanged in the year 1918, much
earlier, involving the land in question, regarding which a deed
was also prepared, and in this regard, Annexure-P/2 may be
perused. After that exchange, some part of the land obtained by
the informant’s father was transferred by executing a sale deed
by informant’s side, and when some part of the land obtained by
the petitioner’s father was transferred by the petitioner bona
fide, the informant raised a question, which is completely wrong
and illegal. It is further submitted that the issue raised by the
informant involves merely a civil wrong, for which civil cases
are also pending in between the parties.
4. On the other hand, learned counsel appearing for
the informant has vehemently opposed the prayer for bail of the
petitioner and submits that there is serious allegation against the
petitioner as the informant’s land was transferred by the
petitioner to the co-accused without having any title.
5. Considering the nature of the allegations as well as
aforesaid submissions and averments made by the petitioner in
the petition coupled with the petitioner’s custody period and his
old age, this Court is inclined to release him on bail.
Accordingly, let the petitioner named-above be released on bail
Patna High Court CR. MISC. No.86697 of 2025(2) dt.09-01-2026
3/3
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court in connection with
Lakhisarai P.S. Case No. 619 of 2024.
(Shailendra Singh, J)
maynaz/-
U T
Checking your session…