Allowed¶26

Baleshwar Kapar v. The State of Bihar

Patna HC25 Jun 2025CR. MISC./39773/2025

Case brief

AI extract

What is this about?

Anticipatory bail; bail in event of arrest; Phulparas P.S. Case No. 175 of 2023; Madhubani; Sections 341, 323, 354, 504, 506/34 IPC; Section 482 BNSS; Section 354 IPC not attracted at this stage; bail bond Rs. 10,000 with two sureties; ACJM-II Jhanjharpur; verification of criminal antecedents; 30-day provisional acceptance; land registration money dispute; CR. MISC. No. 39773 of 2025; Patna High Court; Ramesh Chand Malviya, J.

What did the court decide?

Bail in the event of arrest or surrender within six weeks on bail bond of Rs. 10,000 each with two sureties of the like amount each before ACJM-II, Jhanjharpur, Madhubani, subject to Section 482 BNSS conditions and trial Court verification of criminal antecedents. ¶26

Baleshwar Kapar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Phulparas P.S. Case No. 175 of 2023, are entitled to be released on bail in the event of arrest or surrender (anticipatory bail).

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Court's answer

On perusal of the FIR, impugned order and materials on record, the offence under Section 354 IPC is not attracted at this stage.

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Ratio / Principle

Petitioners directed to be released on bail in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Court ACJM-II, Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 175 of 2023, subject to the condition laid down under Section 482 of BNSS.

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Key takeaways

Trial Court to verify the petitioners' criminal antecedents before accepting the bail bond; if none found, confirm the bail bond, otherwise reject it; in case of delay, the bail bond may be provisionally accepted and antecedents verified within 30 days.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J) allowed the petition of two applicants apprehending arrest in Phulparas P.S. Case No. 175 of 2023, District Madhubani (Sections 341, 323, 354, 504, 506/34 IPC), founded on an allegation that they took money from the informant for registering land but neither registered the land nor returned the money. They were directed to be released on bail in the event of arrest or surrender within six weeks, on bail bond of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Court ACJM-II, Jhanjharpur, Madhubani, subject to conditions under Section 482 of BNSS. The Court observed that the offence under Section 354 IPC was 'not attracted at this stage'. The trial Court was directed to verify the petitioners' criminal antecedents before accepting the bail bond, to confirm it if none were found and reject it otherwise, and in case of delay to provisionally accept the bond and verify antecedents within 30 days.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39773 of 2025

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Arising Out of PS. Case No.-175 Year-2023 Thana- PHULPARAS District- Madhubani

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======================================================

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Baleshwar Kapar S/o- Laxmi Kapar Vill- Bharhi PS- Phulparas DisttMadhubani

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Vijay Kapar S/o- Kailu Kapar Vill- Bharhi PS- Phulparas Distt- Madhubani

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... ... Petitioner/s

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Versus

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The State of Bihar

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... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Pintu Kumar Patel, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 25-06-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioners apprehend their arrest in connection with Phulparas P.S Case No. 175 of 2023 registered for the offences punishable under Sections 341, 323, 354, 504, 506/34 of Indian Penal Code.

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As per the prosecution case, it is alleged that petitioners have taken money from the informant for registering the land in favour of the informant but neither he registered the land nor he returned informant’s money.

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Learned counsel for the petitioners submits that petitioners have been falsely been implicated in this case. It is next submitted that petitioners have got no criminal antecedent

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Patna High Court CR. MISC. No.39773 of 2025(2) dt.25-06-2025 2/3

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as stated in para 3 of the bail petition.

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Learned counsel for the State opposes the prayer

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for bail of the petitioner.

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From perusal of the F.I.R., impugned order and materials available on record, it appears that offences under Section 354 of the I.P.C is not attracted at this stage.

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Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioners, let the above named petitioners be released on bail in the event of their arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court ACJM-II, Jhanjharpur, Madhubani in connection with Phulparas P.S Case No. 175 of 2023 subject to the condition laid down under Section 482 of BNSS.

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The trial Court is directed to verify the criminal antecedent of the petitioner before accepting the bail bond. If trial Court finds no criminal antecedent against the petitioners then trial Court may confirm their bail bond otherwise reject the bail bond. Further, if the trial Court finds delay in the process of accepting the bail bond of the petitioner then the trial court may

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Patna High Court CR. MISC. No.39773 of 2025(2) dt.25-06-2025 3/3

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provisionally accept the bail bond and verify the criminal antecedents of the petitioners within 30 days.

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(Ramesh Chand Malviya, J)

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Mayank/-

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U T

Baleshwar Kapar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baleshwar Kapar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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