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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19050 of 2026 Arising Out of PS. Case No.-485 Year-2025 Thana- MUZAFFARPUR SADAR District- Muzaffarpur ======================================================
1. Devendra Sah S/O Lal Dev Sah R/O Vill.- Madapur Chaube, P.S-Sadar,Dist- Muzaffarpur
2. OM Prakash Kumar S/O Devendra Sah R/O Vill.- Madapur Chaube, P.S- Sadar,Dist- Muzaffarpur
3. Vipin Kumar S/O Devendra Sah R/O Vill.- Madapur Chaube, P.S- Sadar,Dist- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 31-03-2026 Heard the parties. 2.The petitioners are named in the F.I.R. and apprehending their arrest in connection with Sadar P.S. Case No. 485 of 2025 registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 117(7), 61(1) of BNS. 3. As per FIR, which is founded upon complaint case no. 5543 of 2024 as filed before learned CJM, Muzaffarpur, all the petitioners, where petitioner no. 1 is son and petitioner no. 2 and 3 are grandson of the
Patna High Court CR. MISC. No.19050 of 2026(2) dt.31-03-2026 2/3 complainant/ informant, fraudulently transferred/ sold his land. 4. It is submitted by learned counsel appearing for petitioners that the complainant/ informant is the father of petitioner no. 1 and grandfather of petitioner no. 2 and 3. It is pointed out that when informant transferred the ancestral property in excessive to other co-sharers, who are the brother of the petitioner no. 1, the objection was raised by the petitioners, and therefore, the present criminal complaint was lodged. It is submitted that dispute is primarily civil in nature qua partition of family property, and therefore present criminal case is completely un-occassioned and un- warranted. It is submitted that petitioners further found involved in one more criminal case, with same complainant/ informant, where they are on bail. 5. Learned APP opposes the prayer of bail. 6. In view of aforesaid factual submissions and by taking note of fact as present criminal prosecution
Patna High Court CR. MISC.
No.19050 of 2026(2) dt.31-03-2026 3/3 prima-facie appears initiated purely out of civil dispute qua partition of ancestral family property, accordingly all above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, 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 CJM, Muzaffarpur/ concerned Court, where the case is pending in connection with Sadar P.S. Case No. 485 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS. Sudha/- (Chandra Shekhar Jha, J) U T