Nagendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87549 of 2025 Arising Out of PS. Case No.-379 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== Nagendra Pandey Son of Late Lalan Pandey, R/o- Village and P.O- Sikraur, P.S- Shivsagar, District-Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate.

For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-01-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Shivsagar P.S. Case No.379 of 2020 instituted under Sections 188, 379, 385, 468, 469 & 34 of the I.P.C.

3. As per the prosecution case, there was a negotiation between the petitioner and informant for purchasing the land, for which petitioner took money but did not executed the land citing the reason that his wife is ill, so he will execute the same later on. It is further alleged that informant filed a Case No.799 of 2008 which was decided in favour of informant and on the basis of same, he took possession over the land and mutation has been made in his favour but the petitioner and other cut the crops of informant forcefully showing some paper of other land.

Patna High Court CR. MISC. No.87549 of 2025(2) dt.12-01-2026 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has no concern with the land in question and he never gone over the disputed land after handing over the possession but the informant has falsely implicated the petitioner due to previous enmity. Learned counsel submits that earlier also two cases have been filed against the petitioner by the informant and his brother with malafide. He further submits that the dispute between the parties is civil dispute but the informant has given the same to criminal color. Learned counsel submits that petitioner has two criminal antecedents, in which he is on bail and he undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Rohtas at Sasaram/ concerned Court in

Patna High Court CR. MISC. No.87549 of 2025(2) dt.12-01-2026 3/3 connection with Shivsagar P.S. Case No.379 of 2020, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T