Patna High Court
Shatrudhan Sah @ Shatrohan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, Shatrudhan Sah and Niharika Kumari, were named in an FIR for alleged offences under multiple sections of the Bhartiya Nyay Sanhita in connection with an illegal land transfer where they acted as witnesses to the sale deed. They contended that the matter was essentially civil, that they were not beneficiaries, and that they possessed clean antecedents. They applied for anticipatory bail, which the State opposed. The Court observed that the primary dispute appeared civil and that the allegations against the petitioners were limited to their role as witnesses. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under the Bhartiya Nyay Sanhita.
- Whether the allegations constitute a criminal offence or a civil dispute.
- Whether the petitioners are likely to flee, tamper with evidence, or otherwise obstruct justice.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 118(2), 133, 305(b), 309, 320, 338, 340, 352, 353, 61(2), 79
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- civil dispute
- land transfer
- witness
- clean antecedent
- criminal procedure
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89226 of 2025
Arising Out of PS. Case No.-138 Year-2025 Thana- GOPALPUR District- West Champaran
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1. Shatrudhan Sah @ Shatrohan Sah S/O Chhotelal Sah R/O Vill. - Sargatiya,
P.S.- Gopalpur, District - West champaran
2. Niharika Kumari W/O Pankaj Pandey @ Pankaj Kumar Pandey R/O
Valmikinagar Tanki Bazar, Ward No. 1, P.S.- Valmikinagar, District - West
Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mrs.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The accused-petitioners, named in the
F.I.R., are apprehending their arrest in connection
with Gopalpur P.S. Case No. 138 of 2025 registered
for the offences punishable under Sections 61(2),
79, 118(2), 320, 338, 340, 309, 352, 353, 133,
305(b) of the Bhartiya Nyay Sanhita, 2023 (in
short, the ‘B.N.S.’).
3. As per FIR, which is based upon complaint
case No. 1062(C)/2025 as filed before learned CJM,
Bettiah, West Champaran, petitioners alleged to
Patna High Court CR. MISC. No.89226 of 2025(2) dt.17-02-2026
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transfer a piece of land illegally by co-accused
Nilendu Gautam, where the alleged sale deed was
witnessed by these petitioners.
4. Learned counsel appearing on behalf of
the petitioners submitted that the dispute appears
civil in nature and maximum allegation against
petitioners is to identify the signature and the
persons who executed sale deed as witness. It is
submitted that the petitioners are not the
beneficiary of the alleged transactions arising out
of land deal. Both petitioners claimed clean
antecedent.
5. Learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioners.
6. In view of the aforesaid factual
submissions and by taking note of the fact as
primarily the dispute appears civil in nature, where
the maximum allegation appears against
petitioners is to witness the sale deed, accordingly,
above-named petitioners, who are men of clean
antecedent, in the event of their arrest/surrender
within a period of four weeks from this order, are
Patna High Court CR. MISC. No.89226 of 2025(2) dt.17-02-2026
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directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with
two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Bettiah, West
Champaran/concerned court in connection with
Gopalpur P.S. Case No. 138 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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