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2025 Supreme(Online)(Pat) 4713

PATNA HIGH COURT
S. B. Pd. Singh, J
Ashok Kumar Pandey @ Ashok Pandey, Santosh Kumar Pandey @ Santosh Pandey @ Santosh Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.88627 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Sanjeev Kumar
For the Respondents: Mr.Gauri Shankar Gupta

A party may obtain anticipatory bail when the allegations are based on civil disputes rather than criminal actions, as evidenced by the circumstances of this case.

Headnote:This judgment addresses anticipatory bail in relation to FIR for multiple offenses. The petitioners argue they are innocent and involved in a civil dispute over land. The Court grants bail, emphasizing conditions for release based on established legal provisions.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 24-12-2025 Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail in connection with Bhairoganj P. S. Case No. 75 of 2025 registered for the offences punishable under Sections 318(4), 338, 336(3), 316(2), 351(2), 3(5) of BNS .

3. As per the allegation in the FIR, accused persons have created forged sale deeds in respect of informant's ancestral land, measuring 5 katha 12 dhur. Informant is in possession of the said land of which jamabandi no. is 2489.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely been implicated in this case. Parties are agnates and co-sharers of the property in question and they are having previous land dispute. He further submits that petitioners are purchasers from the person who had already purchased the said property from the common ancestor of both sides. He also submits that other two co-accused persons have been granted anticipatory bail by this court vide order dated 19.11.2025 passed in Cr. Misc. No. 78138 of 2025. Title Suit No. 87 of 2011 is also going on. So, this is purely a civil dispute.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

6. Keeping in view the aforesaid facts, let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the date of receipt/production a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bagaha, West Champaran/concerned court in connection with Bhairoganj P. S.

Case No. 75 of 2025 subject to the conditions as laid down under Section 482(2) of BNSS.

(S. B. Pd. Singh, J)

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