Chuman Patel @ Chuman Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6204 of 2026 Arising Out of PS. Case No.-364 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Chuman Patel @ Chuman Raut Son of Gorkh Raut Resident of VillageMathiya, P.S.- Chhatauni, District- East Champaran, Motihari (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hansraj, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 111(2)(b), 316(2), 318(3), 308(5), 336(3), 338, 318(4) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that Deva Gupta and Sugandh Kumar Gupta are known land mafia of Motihari city and they have formed a company M/S Dewrock Infra Projects Pvt. Ltd. and are extorting money by illegally buying and selling land in the district through their criminal influence, it is further alleged that they execute sale
2/4 deeds in violation of the registration rules on account of which there is huge loss to the Government revenue, the act of the accused are punishable under BNS and BNLA, it is next alleges that Assistant Registrar, Motihari is also involved in the occurrence be committed by the accused persons, further Deva Gupta and Sugandh Kumar Gupta have created an atmosphere of terror within Motihari city, further, 80 sale deeds have been appended with the FIR to show their involvement.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is ascertain and submitted that the petitioner is not related with Deva Gupta and Sugandh Gupta rather runs a gas agency at Motihari and has also taken franchise of Akash Institute. It is further submitted that earlier an amount of Rs. 10,25,000/- was seized but then the said money belong to the petitioner and later police after enquiry returned the said amount tot he wife of the petitioner. It is also submitted that from perusal of the FIR it would manifest that first of the allegation is against Deva Gupta and Sugandh Kumar Gupta and petitioners is alleged to be managing the illegally sell and purchase of land made by Deva Gupta through his company M/S Dewrock Infra Projects Pvt. Ltd. It is further submitted that since petitioner
3/4 recently entered in the business of real estate as such he came to be implicated.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is specific allegation in the FIR that the petitioner manages the sell and purchase of land made by Dewrock Infra Projects Pvt. Ltd. It is also submitted that if privilege of anticipatory is granted, the petitioner may abscond on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond since he has business within the city of Motihari and if privilege of anticipatory bail is granted the petitioner will cooperate in the investigation to prove his innocence.
6. After hearing the learned counsel for the parties, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Town(East Champaran) P.S. Case No. 364 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S., with the further condition that
4/4 one of the bailor of the petitioner shall be his father Gorakh Raut.
7. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
8. It is further made clear that in the event, if chargesheet is filed connecting the petitioner with the offence, in that event, the present anticipatory bail order shall loose its effect.
9. Let a copy of this order be sent to the Superintendent of Police, East Champaran at Motihari for his perusal.
(Satyavrat Verma, J) khushbu/- U T