Patna High Court
Nagendra PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Nagendra Pandey, sought anticipatory bail fearing arrest in a criminal case (PS No.379 of 2020) involving alleged fraud and land disputes under several IPC sections. The prosecution alleged that Pandey negotiated to purchase land, took money, and later failed to execute the transfer, leading to a civil dispute that was criminalized. Pandey contended he was falsely implicated due to personal enmity, asserting the matter was purely civil and that he had no involvement after handing over possession. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted bail on the condition of a Rs.10,000 bond and two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if arrest occurs within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87549 of 2025
Arising Out of PS. Case No.-379 Year-2020 Thana- SHIVSAGAR District- Rohtas
======================================================
Nagendra Pandey Son of Late Lalan Pandey, R/o- Village and P.O- Sikraur,
P.S- Shivsagar, District-Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy, Advocate.
For the Opposite Party/s : Mr. Rajiv Nayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Shivsagar P.S. Case No.379 of 2020 instituted under
Sections 188, 379, 385, 468, 469 & 34 of the I.P.C.
3. As per the prosecution case, there was a negotiation
between the petitioner and informant for purchasing the land,
for which petitioner took money but did not executed the land
citing the reason that his wife is ill, so he will execute the same
later on. It is further alleged that informant filed a Case No.799
of 2008 which was decided in favour of informant and on the
basis of same, he took possession over the land and mutation
has been made in his favour but the petitioner and other cut the
crops of informant forcefully showing some paper of other land.
Patna High Court CR. MISC. No.87549 of 2025(2) dt.12-01-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner has no concern with
the land in question and he never gone over the disputed land
after handing over the possession but the informant has falsely
implicated the petitioner due to previous enmity. Learned
counsel submits that earlier also two cases have been filed
against the petitioner by the informant and his brother with
malafide. He further submits that the dispute between the parties
is civil dispute but the informant has given the same to criminal
color. Learned counsel submits that petitioner has two criminal
antecedents, in which he is on bail and he undertakes to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned C.J.M., Rohtas at Sasaram/ concerned Court in
Patna High Court CR. MISC. No.87549 of 2025(2) dt.12-01-2026
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connection with Shivsagar P.S. Case No.379 of 2020, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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