IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44967 of 2026 Arising Out of PS. Case No.-238 Year-2026 Thana- RAJIVNAGAR District- Patna ====================================================== Ashutosh Kumar S/O Late Radhe Shyam Lal R/O House no. 01, road No. 07, North Jay Prakash Nagar, P.O- Rajeev Nagar, Distt.- Patna, Bihar, Pin- 800025. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Avinash Shekhar, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 2 16-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Rajeev Nagar P.S. Case No. 238 of 2026 registered for the offences punishable under Sections 61(2), 119(1), 223, 316(2), 318(4) of the BNS 2023. 3. The allegation against the petitioners is of unauthorized construction on land of about 2 kathas of Bihar State Housing Board. This unauthorized construction was undertaken at the instance of the petitioner who also has arranged electricity connection at the site. The construction Patna High Court CR. MISC. No.44967 of 2026(2) dt.16-07-2026 2/3 materials was dumped on government’s land thereby disturbing its physical condition. 4. Learned counsel appearing on behalf of the petitioner submits that, even if the allegations made in the FIR are taken at their face value and accepted in their entirety, the dispute is purely civil in nature. He further submits that, if the petitioner was at fault, the aggrieved person had an appropriate remedy under the civil law, and by no stretch of imagination can the initiation of criminal prosecution in the facts and circumstances of the present case be justified. It is also submitted that the petitioner has no criminal antecedent. 5. Learned APP opposed the prayer of bail. 6. Considering the rival submission in particular and the FIR fails to spell out the section under which FIR has been registered, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on anticipatory bail furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court, Patna where the case is pending in connection with Rajeev Nagar P.S. Case No. 238 of 2026 subject to the conditions as laid down Patna High Court CR. MISC. No.44967 of 2026(2) dt.16-07-2026 3/3 under Section 482(2) of the BNSS with further condition that: One of the bailors must be family member of the petitioner. rishabh/- (Ranjan Kumar Jha, J) U T