Durga Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31536 of 2026 Arising Out of PS. Case No.-17 Year-2025 Thana- Manikpur District- Lakhisarai ====================================================== 1.

Animesh Kumar Das S/o Dinesh Das R/o Village - Konipar, P.S. - Manikpur, Dist. - Lakhisarai.

2.

Neha Kumari Wife of Animesh Kumar Das R/o Village - Konipar, P.S. - Manikpur, Dist. - Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanjay Kumar S/o Ramotar Mahto R/o Village - Bakarchak, P.S. - Manikpur, Dist. - Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manohar Prasad Singh For the State :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126, 115(2), 318(4), 351(2), 352, 3(5) of BNS in connection with Manikpur P.S.Case No. 17 of 2025.

3. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. This is a case of civil nature and section 318(4) of the BNS is not applicable to the present case.

4. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.31536 of 2026(2) dt.13-05-2026 2/3 anticipatory bail of the petitioners.

5. From the reading of the FIR, it appears that allegation against the petitioners is of taking money to the tune of Rs. 1,75,000/- by fraud with regard to sale of land to the informant. The amount of Rs. 50,000/- was transferred by the informant to petitioner no. 1 through Mobile PhonePe. Another Rs. 50,000/- was also paid to the petitioner no. 1 on 05.04.2024, and it is also alleged that the informant paid further Rs. 75,000/- in cash, of which there is no proof.

6. It is contended by the learned counsel for petitioners that Rs. 1,00,000/- has already been returned to the informant, and the documents with regard to payment have been brought on record by way of Annexure- P/2 series. The antecedents of both the petitioners are clean.

7. Manifestly, the dispute arose between informant and the petitioners relating to the purchase/sale of the land and also the FIR has been belatedly filed on 03.03.2025, whereas the occurrence is alleged to have taken place on 02.02.2025. Considering these aspects of the matter, I am inclined to grant privilege of anticipatory bail to both the petitioners.

8. Let the petitioners, as named above, in the event of their arrest or surrender within four weeks from today, be

Patna High Court CR. MISC. No.31536 of 2026(2) dt.13-05-2026 3/3 enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each to the satisfaction learned Additional Chief Judicial MagistrateII, Lakhisarai in connection with Manikpur P.S. Case No. 17 of 2025, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that:- (i) the petitioners shall co-operate in the investigation/ trial.

(ii) the learned court below would, however, verify the criminal antecedents of the petitioners, and in case it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bonds of the petitioners. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Alok Kumar Sinha, J) HR/- U T