Patna High Court
Prakash SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to regular bail subject to bond and sureties.
Summary
Petitioner Prakash Sahni was arrested in connection with a land‑sale fraud case (G.R. No. 3506 of 2025) under several provisions of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the informant was induced by Md. Anwar to purchase land that was already under civil dispute, and that the petitioner and co‑accused received advance payment but failed to refund it after the dispute surfaced. The petitioner contended that the allegations were vague, he was falsely implicated, and pointed out that a co‑accused had already been granted regular bail by a coordinate bench. The State and the informant opposed bail, citing the seriousness of the offences. The Court, after considering the facts, granted the petitioner regular bail on a bond of Rs.10,000 with two sureties, subject to his cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 316(2), 318(4), 336(3), 338, 3(5), 352
Subjects
- regular bail
- criminal procedure
- land fraud
- Bhartiya Nyaya Sanhita
- sections 126,115,316,318,338,336,352,3
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9199 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Prakash Sahni S/O Late Laxmi Sahani R/O Village - Agyaspur/ Mankauli,
P.S- Singhwara, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Adv.
For the State : Mr.Pawan Kumar Chaurasia, APP
For the Informant : Mr.Shambhu Narayan Singh, Adv.
Mr.Md. Farooq, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State and the learned counsel for the
informant.
2. In this case, the petitioner is seeking regular bail
in connection with G.R. No. 3506 of 2025 arising out of
Singhwara P.S. Case no. 218 of 2025 registered under sections
126(2), 115(2), 316(2), 318(4), 338, 336(3), 352 and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case is that the informant was
induced by Md. Anwar to purchase land on the assurance that it
was free from litigation. Believing this, the informant agreed to
buy one kattha land from co-accused Chandar Sahni and others
Patna High Court CR. MISC. No.9199 of 2026(2) dt.26-02-2026
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for ₹31 lakhs and paid ₹8 lakhs as advance on 07.03.2025, and
later paid the remaining amount in parts, pursuant to which a
sale deed was executed by the petitioner and other co-accused
persons. Subsequently, during mutation, the informant
discovered that the land was already under dispute and a civil
suit was pending. Although the sellers later admitted the dispute
and promised to return the money, no refund was made and
cheated the informant.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The allegation against him is general and omnibus.
He has also submitted that co-accused Chandar Sahni has been
granted regular bail by a coordinate Bench of this Court vide
order dated 17.02.2026 in Cr. Misc. No. 8233 of 2026.
5. On the other hand, the learned APP for the State
and the learned counsel for the informant have opposed the
prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Additional
Chief Judicial MagistrateVII, Darbhanga in connection with
Patna High Court CR. MISC. No.9199 of 2026(2) dt.26-02-2026
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G.R. No. 3506 of 2025 arising out of Singhwara P.S. Case no.
218 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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