Shrawan Rai @ Sharwan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73677 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- Mufassil District- Khagaria ====================================================== Shrawan Rai @ Sharwan Rai S/o Late Ram Lagan Rai R/o Village - Sansarpur, P.S - Mufassil, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar , Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai , APP :
Mr. Mrityunjay Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner, State and informant.
2. The petitioner apprehends his arrest in Mufassil P.S. Case No. 74 of 2025, registered for the offence under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The informant, namely, Shambhu Kumar, alleged that on the basis of application of Kamal Kumar and Vimal Kumar, an enquiry was conducted by D.C.L.R., Khagaria. Relevant papers of land were produced by this Shrawan Rai in the Circle Office, in which, Murti Devi was shown as purchaser of land. After enquiry, it was found that sale was fraudulent for personal gain by this petitioner in collusion with with coaccused Rahul Deo who was posted as Revenue Clerk in the Circle Office.
4. Learned counsel for the petitioner submitted that petitioner is quite innocent and has committed no offence as alleged. It is further submitted that partition suit is pending
Patna High Court CR. MISC. No.73677 of 2025(2) dt.16-01-2026 2/2 between the parties, vide Title Partition Suit No. 40 of 2021. Moreover, the dispute involved in this case is purely civil in nature and a colour of criminal case is given only with a view to put pressure upon the petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petition.
6. Considering the aforesaid facts, nature of dispute and other circumstances let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mufassil P.S. Case No. 74 of 2025, subject to condition as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Koushik/- U T