Patna High Court
Anirudh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the petitioners' application for anticipatory bail.
Summary
The petitioners, four members of a primary society, feared arrest in a 2018 case alleging offences under sections 406, 420, 467, 468, 379, 304, 34 of the B.N.S. and section 27 of the Arms Act for preparing a false land‑possession certificate and fraudulently claiming crop‑insurance of Rs.21,57,825. They contended that the police investigation had cleared them, a final form was filed, yet the magistrate proceeded to take cognizance. The petitioners applied for anticipatory bail, asserting innocence and clean antecedents (except one with two prior convictions). The State opposed the bail. The High Court, noting the police exoneration and the pending final form, granted anticipatory bail subject to bail bonds of Rs.10,000 each, two sureties, and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the police have submitted a final form exonerating the accused but the magistrate has taken cognizance.
- Whether the allegations under the B.N.S. and Arms Act justify denial of anticipatory bail.
- Whether Section 482(2) of the BNSS permits the High Court to discharge the petitioners on anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- false land possession certificate
- crop insurance fraud
- B.N.S. offences
- Arms Act
- police exoneration
- Section 482(2) BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88724 of 2025
Arising Out of PS. Case No.-50 Year-2018 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Anirudh Prasad Son of Bindeshwari Singh Resident of Village- Rampur
Khajuriya Police Station- Dumariyaghat District -East Champaran at
motihari
2. Satyendra Singh Son of Anirudh Prasad Resident of Village- Rampur
Khajuriya Police Station- Dumariyaghat District -East Champaran at
motihari
3. Amrendra Singh son of Anirudh Prasad Resident of Village- Rampur
Khajuriya Police Station- Dumariyaghat District -East Champaran at
motihari
4. Shubham Kumar son of Satyendra Singh Resident of Village- Rampur
Khajuriya Police Station- Dumariyaghat District -East Champaran at
motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Dumariyaghat P.S. Case No. 50 of 2018 for offences under
Sections 406, 420, 467, 468, 379, 304, 34 of the B.N.S. and
section 27 of the Arms Act.
3. The prosecution case, petitioners who are office
bearers of a Primary Society are alleged to have prepared a false
Patna High Court CR. MISC. No.88724 of 2025(3) dt.27-02-2026
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land possession certificate and fraudulently availed crop
insurance of Rs. 21,57,825 for 2009-2010.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Learned counsel further submits that the Police
after investigation have exonerated the petitioners and submitted
final form and thereafter learned Magistrate has deferred with
the final form and has taken cognizance against the petitioners.
Petitioner nos. 1, 2 and 4 have clean antecedent and petitioner
no. 3 has two criminal antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the above facts and circumstances of
the case and the fact that the Police has submitted final form, the
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, East Champaran at
Motihari /concerned Court below, in connection with
Patna High Court CR. MISC. No.88724 of 2025(3) dt.27-02-2026
3/3
Dumariyaghat P.S. Case No. 50 of 2018 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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