Patna High Court
Nirmal DroliaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner as the dispute is civil in nature and no prima facie criminal case is established.
Summary
The petitioner, Nirmal Drolia, sought anticipatory bail after learning that he might be arrested in a criminal case (PS Case No. 619 of 2024) alleging offences under the Bhartiya Nyaya Sanhita, 2023, including fraud and causing grievous hurt. The informant claimed that Drolia had fraudulently sold land belonging to him, while Drolia contended that he held valid title through a historic land exchange in 1918 and a registered sale deed of 1931, and that the dispute was essentially civil, with a title suit already pending. The court examined whether the criminal provisions were applicable given the civil nature of the underlying property dispute. Relying on the principle that criminal law should not be used to resolve civil matters and invoking Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court held that anticipatory bail could be granted. Accordingly, the petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions specified, for a period of eight weeks.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence arises from a civil property dispute.
- Whether the allegations under Sections 316(2), 318(4), 61(2), 338 and 336(3) of the Bhartiya Nyaya Sanhita, 2023, establish a prima facie case of criminal liability.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, empowers the court to discharge the petitioner on anticipatory bail in such circumstances.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 61(2)
Subjects
- anticipatory bail
- civil dispute
- property dispute
- title suit
- Bhartiya Nyaya Sanhita
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- land sale fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87328 of 2025
Arising Out of PS. Case No.-619 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
Nirmal Drolia S/O Late Nandlal Drolia R/O Village- Purani Bazar, P.S. and
Distt.- Lakhisarai at present Patliputra Nursing Home, Jora Phatak Road, P.S-
Bank More, Distt.- Dhanbad (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur
Mrs. Vaishnavi Singh & Mr. Ritwik Thakur
For the Opposite Party/s : Mr.Satyendra Prasad, APP
Mr.Surendra Kumar Singh and
Mr. Prakash Chandra Jha, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 316(2), 318(4), 61(2)
of the Bhartiya Nyaya Sanhita, 2023 and later on, Sections 338,
336(3) of the B.N.S. were added.
3. Informant alleged that this petitioner fraudulently
sold the land of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. Petitioner has right, title and possession over the land in
question and no offence has been committed by him (petitioner)
to the bonafide purchaser. He further submits that the land in
Patna High Court CR. MISC. No.87328 of 2025(2) dt.10-02-2026
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question was exchanged in the year 1918 with the land of Khata
No. 109, Khesra No.202 belonging to the ancestor of petitioner,
which was taken by him and in lieu thereof. by virtue of
unregistered agreement because at that time value was less than
Rs.100/-, the land of Khata no.100, Khesra No.195 was given to
the ancestor of the petitioner. He further submits that
subsequently, father of informant sold Khata No. 109, Khesra
No. 202 which was khatiyani land of the ancestor of the
petitioner in the year 1931 by virtue of sale deed no.2637 dated
7.11.1931 and by that time, value has been fixed and
accordingly the said registered sale deed was executed by father
of informant in favour of one Haji Mohammad Yakub and in the
said sale deed it is mentioned that on exchange the land bearing
khata no.109, khesra no.202 having an area 10 decimal came in
possession of informant’ side. Accordingly, from the aforesaid
facts, it is clear that the petitioner, who is descendant of late
Muktinath Marwari, came in possession of the said land and
accordingly they executed sale deed in favour of co-accused
Md. Kalam and Smt. Kanti Devi. Learned counsel further
submits that informant has also filed title suit, bearing Title Suit
No. 125 of 2024, which is pending in the court of learned Sub
Judge, Lakhisarai. Moreover, the case is purely of civil nature.
Patna High Court CR. MISC. No.87328 of 2025(2) dt.10-02-2026
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Petitioner claims clean antecedent.
5. Learned counsel for the informant vehemently
opposed the prayer for anticipatory bail.
6. However, considering the fact that dispute is civil
in nature and title suit is also pending, the prayer for
anticipatory bail of petitioner is allowed. Accordingly, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No.
619 of 2024, subject to condition as laid down under Section
482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
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