Allowed¶22

Anil Sahu v. The State of Bihar

Patna HC12 Dec 2025CR. MISC./56077/2025

Case brief

AI extract

What is this about?

Anil Sahu bail Patna High Court 12-12-2025; Cr. Misc. No.56077 of 2025; Sonki PS Case No.40 of 2025 Darbhanga; Sections 318(4), 308(3), 351(2), 3(5) B.N.S.; cheating land sale Rs.81,51,000/- 05 kattha 03 dhur; petitioner alleged witness on agreement received Rs.2.5 Lacs; parity with co-accused Baidyanath Mukhiya bail Cr. Misc. No.51736 of 2025 order dated 15.11.2025 coordinate bench; judicial custody since 15.06.2025; chargesheet filed; bail-bonds Rs. 10,000/- two sureties; liberty to trial court to cancel bail bonds for delay in framing of charge or trial.

What did the court decide?

Release on bail upon furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the court below; trial court given liberty to cancel the bail bonds if the petitioner delays framing of charge or trial. ¶22

Anil Sahu Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether petitioner Anil Sahu, implicated in Sonki P.S. Case No.40 of 2025 for offences under Sections 318(4), 308(3), 351(2) and 3(5) of the B.N.S., should be released on bail.

¶13

Court's answer

Considering the submissions of the petitioner's counsel, the petitioner is directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned court below in Sonki P.S. Case No.40 of 2025.

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Ratio / Principle

If the trial court concludes that the petitioner, after release, is trying to delay the framing of charge, or after framing of charge is trying to delay the trial, the trial court shall be at liberty to cancel the petitioner's bail bonds.

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Key takeaways

The bail application stands allowed.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), order dated 12-12-2025 in Criminal Miscellaneous No.56077 of 2025 (arising out of Sonki P.S. Case No.40 of 2025, District Darbhanga): bail application of Anil Sahu, accused under Sections 318(4), 308(3), 351(2) and 3(5) of the B.N.S., allowed. Counsel submitted the petitioner has clean antecedents, has been in judicial custody since 15.06.2025, and a chargesheet has been submitted; the FIR alleges cheating concerning Rs.81,51,000/- taken on pretext of selling 05 kattha 03 dhur of land, with the thrust of the allegation on co-accused Baidyanath Mukhiya, whose regular bail in Cr. Misc. No.51736 of 2025 was allowed by a coordinate bench on 15.11.2025; the petitioner was alleged only to be a witness on the agreement and to have received Rs.2.5 Lacs, placing him on a better footing, a submission the A.P.P. and informant's counsel could not rebut. The petitioner was directed to be released on bail-bonds of Rs. 10,000/- with two sureties of the like amount each, with the trial court at liberty to cancel the bail bonds if the petitioner attempts to delay framing of charge or the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56077 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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Anil Sahu, S/o Baleswar Sahu Resident of Rasalpur, P.S.- Sonki, DistrictDarbhanga, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Chaudhary Mr. Padmanabh Kashyap For the Opposite Party/s : Mr. Damodar Prasad Tiwary- A.P.P. Mr. Uma Shankar Singh-Adv. For informant ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

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4 12-12-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in a case registered for the offences punishable under Sections 318(4), 308(3), 351(2) and 3(5) of the B.N.S.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is languishing in judicial custody since 15.06.2025 and chargesheet has been submitted. It is further submitted that allegation in the FIR is that Baidyanath Mukhiya committed cheating with the informant along with other accused persons including the petitioner with respect to an amount of Rs.81,51,000/- taken on pretext of selling land measuring 05 kattha 03 dhur, but then, the

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Patna High Court CR. MISC. No.56077 of 2025(4) dt.12-12-2025 2/3

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sale deed was not executed.

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The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the thrust of the allegation is against Baidyanath Mukhiya. It is further submitted that Baidyanath Mukhiya had approached this Court seeking regular bail by filing Cr. Misc. No.51736 of 2025 and the same came to be allowed by an order dated 15.11.2025 passed by a learned Coordinate Bench. It is further submitted that as far as petitioner is concerned against him, it is alleged that he was a witness on the agreement and had received an amount of Rs.2.5 Lacs. It is thus submitted that the case of the petitioner is on a better footing than Baidyanath Mukhiya.

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Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that case of the petitioner is on a better footing than accused Baidyanath Mukhiya. The learned A.P.P., at this stage, submits that if privilege of bail is granted to the petitioner the petitioner may abscond or try to delay the framing of charge and the trial, on which the learned counsel appearing on behalf of

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Patna High Court CR. MISC. No.56077 of 2025(4) dt.12-12-2025 3/3

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the petitioner submits that petitioner will not abscond rather will cooperate in the trial to prove his innocence.

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Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonki P. S. Case No.40 of 2025.

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The application stands allowed.

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However, it is made clear that if the learned trial court comes to a conclusion that petitioner after his release is trying the delay the framing of charge or after framing of charge is trying to delay the trial in both the condition, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

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(Satyavrat Verma, J)

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vikash/-

¶26

U T

Anil Sahu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anil Sahu v. The State of Bihar

Case brief

What is this about?

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What the court decided

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