Patna High Court
Bhola SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, as the dispute is primarily civil and there is no misuse of Section 41(A), bail is warranted.
Summary
The petitioners, Bhola Sao and Alok Sao, were named in an FIR for offences under Sections 406, 420 and 120(B) of the IPC arising from an alleged abuse of the informant and her family at Bhola's house. The petitioners contended that the matter was essentially a civil dispute over a land sale agreement, for which they had received Rs. 10,98,000, and that they had only availed the benefit of Section 41(A) CrPC during investigation without any misuse. The State opposed bail, arguing that the petitioners were beneficiaries of the alleged fraud. The Court observed that the dispute appeared civil in nature and that there was no indication of misuse of Section 41(A). Consequently, the Court directed that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners charged under IPC Sections 406, 420 and 120(B).
- Whether the underlying controversy is a civil dispute, thereby justifying bail.
- Whether the petitioners misused the protection afforded by Section 41(A) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41(A), 482(2)
- Indian Penal Code — s. 120(B), 406, 420
Subjects
- bail
- civil dispute
- Section 41(A) CrPC
- IPC 406
- IPC 420
- IPC 120(B)
- land sale agreement
- Nawada
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87988 of 2025
Arising Out of PS. Case No.-797 Year-2020 Thana- NAWADA District- Nawada
======================================================
1. Bhola Sao S/o Late Dhaneshwar Sao Resident of Village - Bughaul, Police
Station - Town, District - Nawada
2. Alok Sao S/o Bhola Sao Resident of Village - Bughaul, Police Station -
Town, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Abu Shajar, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
For the Informant : Mr. Kamduddin, Adv.
Ms. Priya, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Nawada
Town P.S. Case No. 797 of 2020 registered for the
offences punishable under Sections 406, 420 and 120(B)
of the Indian Penal Code
3. As per FIR, allegation against co-accused
persons including petitioners that when the informant
alongwith her husband and brother went to the house of
petitioner no. 1 Bhola Sao, they have been abused.
Patna High Court CR. MISC. No.87988 of 2025(2) dt.17-02-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioners that dispute is primarily civil in
nature arising out of agreement of sale with regard to
land, in issue. It is submitted that investigation of this
case already completed for which charge-sheet has been
submitted and during entire investigation the petitioner
was given benefit of Section 41(A) of Cr.P.C. which was
never misused. It is submitted that now cognizance has
already been taken by the learned Jurisdictional
Magistrate, the petitioners having apprehension that they
might be sent to judicial custody on surrender. While
concluding arguments, it is submitted that petitioners are
men of clean antecedent.
5. Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail
submitted that in terms of agreement petitioner is
appearing beneficiary as they received amount of Rs.
10,98,000/- from the informant, however, he could not
disputed aforesaid submission.
Patna High Court CR. MISC. No.87988 of 2025(2) dt.17-02-2026
3/3
6. In view of aforesaid factual submission and
by taking note of fact as primarily dispute appears civil in
nature where the petitioner not alleged to misuse benefit
of Section 41(A) of Cr.P.C. during investigation,
accordingly both above-named petitioners, in the event of
their arrest or surrender before the court below within a
period of four weeks, are directed to be released 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 CJM, Nawada
/concerned Court, where the case is pending in
connection with Nawada Town P.S. Case No. 797 of
2020, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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