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Patna High Court

Prakash SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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