Nagendra Nath @ Nagendra Nath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3070 of 2026 Arising Out of PS. Case No.-474 Year-2024 Thana- RAJAON District- Banka ====================================================== 1.
Nagendra Nath @ Nagendra Nath Sah Son of Late Kedar Nath Sah @ Late Kedar Sah Residentof Mohalla- Vikramshila Colony Ramshar, Urdu Bazar Road, Bhagalpur Bihar 2.
Vishwanath Bharti Son of Nagendra Nath @ Nagendra Nath Sah Residentof Mohalla- Vikramshila Colony Ramshar, Urdu Bazar Road, Bhagalpur Bihar 3.
Om Nath Bharti Son of Nagendra Nath @ Nagendra Nath Sah Residentof Mohalla- Vikramshila Colony Ramshar, Urdu Bazar Road, Bhagalpur Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Singh, Advocate :
Mr. Magan Kumar, Advocate :
Ms. Sandhya Kumari, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 Heard Ms. Sandhya Kumari, learned counsel for the petitioners and Mrs. Pushps Sinha, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 316(2), 318(4) and 3(5) of the B.N.S.
3. The allegation in the First Information Report is that the petitioners refused to register the land in the name of the informant and refused to give back amount of Rs.2 lakh taken from the informant.
4. Learned counsel for the petitioners submits that as a
Patna High Court CR. MISC. No.3070 of 2026(2) dt.28-01-2026 2/3 matter of fact, no such agreement had been made between the informant and the petitioners and rather the agreement was made with one Neeraj Kumar and the informant went in connivance with the said Neeraj Kumar and got the money deposited. It is also a fact that the petitioners have already returned Rs.1 lakh to the informant which will be evident from the Annexure-P/3 and they are even agreeable on returning the rest of amount of Rs.1 lakh in the account of the informant. Learned counsel has submitted that the allegations involves civil dispute and no criminal case is made out against the petitioner.
5. Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.
6. Taking into consideration the facts and circumstances and considering the civil nature of dispute between the parties as also the willingness showed by the petitioner to return the remaining amount of Rs.1 lakh to the informant, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.3070 of 2026(2) dt.28-01-2026 3/3 Court below where the case is pending/successor Court in connection with Rajoun P.S. Case No. 474 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J) anand/- U T