Allowed¶26

Baidyanath Mukhiya v. The State of Bihar

Patna HC15 Nov 2025CR. MISC./51736/2025

Case brief

AI extract

What is this about?

Patna High Court bail granted; CR. MISC. No.51736 of 2025; Sonaki P.S. Case No. 40 of 2025, Darbhanga; BNS Sections 318(4), 308(3), 351(2), 3(5); cheating Rs. 81,51,000/- land deal 5 katha 3 dhur; civil dispute prima facie; investigation completed, charge-sheet submitted; custody since 19.05.2025; bail bond Rs.10,000/- two sureties; Section 480(3) BNSS; Chandra Shekhar Jha, J; decided 15-11-2025.

What did the court decide?

Petitioner released on bail in connection with Sonaki P.S. Case No. 40 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl Sessions Judge I, Darbhanga/concerned court, subject to the conditions mentioned under Section 480(3) of BNSS. ¶26

Baidyanath Mukhiya Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in the F.I.R. and in custody since 19.05.2025 in connection with Sonaki P.S. Case No. 40 of 2025 (Sections 318(4), 308(3), 351(2), 3(5) BNS), is entitled to be released on bail. +1 more

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Court's answer

Taking note that the criminal implication prima facie arises out of a civil dispute based upon a land deal, coupled with the fact that investigation is already completed and the petitioner remains in custody since 19.05.2025, the petitioner is directed to be released on bail in connection with Sonaki P.S. Case No. 40 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District & Addl Sessions Judge I, Darbhanga/concerned court, subject to the conditions under Section 480(3) of BNSS.

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Ratio / Principle

The present criminal implication prima facie appears to arise out of a civil dispute based upon a land deal.

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Detailed headnote1 paragraphs

Bail granted — Patna High Court (Chandra Shekhar Jha, J), oral order dated 15-11-2025 in Criminal Miscellaneous No.51736 of 2025, arising out of Sonaki P.S. Case No. 40 of 2025, District Darbhanga, for offences under Sections 318(4), 308(3), 351(2), 3(5) of BNS. FIR alleged cheating of Rs. 81,51,000/- against sale of land measuring 5 katha and 3 dhur; petitioner named in the F.I.R. and in custody since 19.05.2025; investigation completed and charge-sheet submitted. The Court found the present criminal implication prima facie arising out of a civil dispute based upon the land deal and directed release on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the District & Addl Sessions Judge I, Darbhanga, subject to conditions under Section 480(3) of BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51736 of 2025

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Arising Out of PS. Case No.-40 Year-2025 Thana- Sonki District- Darbhanga

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

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Baidyanath Mukhiya S/o Late Motilal Mukhiya R/o vill - Dekulichati, P.S.Sonaki, Distt.- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay kr. Thakur, Adv. Mrs. Vaishnavi Singh, Adv. Mr. Ramendra Kr. Bharti, Adv. For the Opposite Party/s : Mr. Md. Mushtaque Alam, Adv. For the Informant : Mr. Umashankar Singh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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4 15-11-2025

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Heard the parties.

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The petitioner seeks bail in connection with

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Sonaki P.S. Case No. 40 of 2025 registered for the offence

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under Sections 318(4), 308(3), 351(2), 3(5) of BNS

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The petitioner is named in the F.I.R. and is in custody since 19.05.2025.

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As per FIR allegation against the petitioner is to commit cheating upon the informant alongwith other accused

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person for tune of Rs. 81,51,000/- against sale of a land measuring 5 katha and 3 dhur.

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Mr. Ajay Thakur, learned counsel appearing on

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Patna High Court CR. MISC. No.51736 of 2025(4) dt.15-11-2025 2/3

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behalf of the petitioner submitted that prima-facie the dispute is civil in nature for which the present criminal prosecution is completely unoccasioned and unwarranted. It is submitted that the sale deed were executed by wife of the petitioner in favor of the informant and entire the episode developed when cheque as issued by informant for Rs. 15 lakh was dishonored. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP duly assisted by Mr. Umashankar Singh, learned counsel for the informant while opposing the prayer of bail submitted that this petitioner even after receiving amount of Rs. 43,01,000/- in his personal account denied to execute sale deed. It is also submitted that the agreement was executed between informant and petitioner in furtherance of which the entire land deal was progressed. It is submitted that despite of payment of consideration amount

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no sale deed was executed by this petitioner, however, he

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Patna High Court CR. MISC. No.51736 of 2025(4) dt.15-11-2025 3/3

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could not disputed that the nature of dispute as civil dispute.

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In view of aforesaid factual submission and by taking note of fact as present criminal implication prima-facie appears arising out of civil dispute based upon land deal, coupled with fact that investigation of this case is already completed, where petitioner remains in custody since 19.05.2025, accordingly petitioner above named, is directed to be released on bail in connection with Sonaki P.S. Case No. 40 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl Sessions Judge I, Darbhanga /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

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(Chandra Shekhar Jha, J)

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Sudha/-

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U T

Baidyanath Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baidyanath Mukhiya 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

Statutes considered

Procedural history

Parties & counsel

Coram

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