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Patna High Court

Shatrudhan Sah @ Shatrohan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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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