IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78402 of 2025 Arising Out of PS. Case No.-211 Year-2023 Thana- DULHIN BAZAR District- Patna ======================================================

Pramod Kumar Singh S/O Sita Ram Singh Resident of Village - Ichapur, P.S-

Dulhin Bazar, Distt.- Patna.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Shri Bindhyachal Singh, Sr. Advocate Shri Vipin Kumar Singh, Advocate For the Opposite Party/s : Shri Chandra Bhushan Prasad, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 16-02-2026 Heard Shri Bindhyachal Singh, learned Senior Counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 385, 504 and 34 of the Indian Penal Code.

3. Learned Senior Counsel for the petitioner submits that petitioner had earlier moved before this Court seeking anticipatory bail by filing Cr. Misc. No. 63186 of 2024 and the same came to be disposed of by an order dated 17.12.2024 in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar) as the offences for which the instant FIR has been instituted carry punishment of seven years and less.

4. Learned Senior Counsel for the petitioner submits that the petitioner, in compliance of the order dated 17.12.2024, sent an application to the Senior Superintendent of Police, Patna on 06.01.2025 by a registered post but then till date no action has been taken and no notice under Section 35(3) BNSS has been issued to the petitioner. It is further submitted that since no action was taken by the police and no notice under Section 35(3) BNSS was issued, as such, the instant anticipatory bail application has been filed as this Hon’ble Court in Cr. Misc. No. 65700 of 2025 (Mohammad Raja Vs. The State of Bihar & Anr.) has held by a judgment dated 16.12.2025 that anticipatory bail is maintainable even with respect to offences which carry punishment of seven years or less. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that he had earlier purchased 2 Kathas of land from the petitioner in the name of his wife. Further, the petitioner and informant were also known to each other. Since the sale deed with respect to the earlier transaction was executed, as such, informant had developed faith in the petitioner. It is also submitted that petitioner, after some times, approached the informant and said that he is in need of some money and is also willing to sell some other portion of his land on which the informant agreed and an amount of Rs.13,50,000/- was credited in his account and altogether Rs.20,00,000/- was paid to the petitioner but then petitioner was not executing the sale deed, as such, informant approached him and requested that rest amount of Rs.4,50,000/- which is due shall be given, as such, the land be registered in his name on which the petitioner adopted dilly-dallying tactics and ultimately the sale deed was not executed in favour of the informant nor the amount was returned. Further, on 08.06.2023, at 08:00 a.m., the informant along with witnesses had gone to the house of the petitioner and said again to take the due amount of Rs.4,50,000/- and to register the land on which petitioner along with other accused persons started abusing and even demanded extortion of Rs.5,00,000/- and also threatened that Rs.20,00,000/- shall not be returned.

5. Learned Senior Counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the dispute is civil in nature to wh