Allowed¶28

Raju Sahani v. The State of Bihar

Patna HC27 Apr 2026CR. MISC./8883/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; CR. MISC. No. 8883 of 2026; Nayagaon P.S. Case No. 39 of 2025; Saran; Sections 406/420/467/468/471/506/34 IPC; land sale dispute; Pristine Mega Food Park Pvt. Ltd.; Phool Devi; Partition Suit No. 06/2003; Jamabandi Cancellation Case No. 31/2016; Title Appeal No. 52/2011; Section 482(2) BNSS 2023; bail bond Rs. 10,000; Anil Kumar Sinha, J.

What did the court decide?

Anticipatory bail granted to all four petitioners: release on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of Kartikey Kesharwani, Judicial Magistrate Ist Class, Saran at Chapra, subject to conditions under Section 482(2) BNSS 2023. ¶28

Raju Sahani Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the four petitioners, who apprehend arrest in Nayagaon P.S. Case No. 39 of 2025 (Sections 406/420/467/468/471/506/34 IPC), should be granted anticipatory bail.

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Court's answer

The court granted anticipatory bail taking into consideration the nature of allegation, the fact that the petitioners are not the executants of the sale deed (which was executed by the vendor Phool Devi), that the vendor who executed the sale deed died in the year 2021, and that the petitioners have no criminal antecedent.

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Ratio / Principle

The petitioners were ordered to be released on anticipatory bail in the event of arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of Kartikey Kesharwani, learned Judicial Magistrate Ist Class, Saran at Chapra, in connection with Nayagaon P.S. Case No. 39 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S. 2023.

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Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court (Anil Kumar Sinha, J.) allowed Criminal Miscellaneous No. 8883 of 2026 filed by Raju Sahani, Shiv Kumar Sahani, Sinhashan Sahani and Shila Devi apprehending arrest in Nayagaon P.S. Case No. 39 of 2025 dated 28.02.2025 (Sections 406/420/467/468/471/506/34 IPC), arising from a 2018 sale of land at Mauza Rasulpur to Pristine Mega Food Park Pvt. Ltd. by the late Phool Devi. Granting bail, the court considered the nature of allegation, that the petitioners were not the executants of the sale deed, that the executant-vendor had died in 2021, and that the petitioners had no criminal antecedent. Release was ordered on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- each with two like sureties before Kartikey Kesharwani, Judicial Magistrate Ist Class, Saran at Chapra, subject to the conditions under Section 482(2) of the B.N.S.S. 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8883 of 2026

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Arising Out of PS. Case No.-39 Year-2025 Thana- NAYAGAON District- Saran

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

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Raju Sahani S/o Late Bali Sahani Resident of Village- Rasulpur, P.S.Nayagaon, District- Saran

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Shiv Kumar Sahani S/o Late Bali Sahani Resident of Village- Rasulpur, P.S.Nayagaon, District- Saran

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Sinhashan Sahani S/o Late Bali Sahani Resident of Village- Rasulpur, P.S.Nayagaon, District- Saran

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Shila Devi W/o Sri Raju Sahani Resident of Village- Rasulpur, P.S.Nayagaon, District- Saran

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Rakesh Kumar s/o-Late Baikunth Narayan Singh,R/O-3rd floor,wing 5,commercial plaza,Hotel Redison Blue,Mahipalpur,New Delhi-110037

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Prashant Bhusan Mr. Ankit Nath Jha Mr.Nawnit Kumar Tiwary For the Opposite Party/state: Mrs. Sucheta Yadav For the informant : Mr. Amirtya Raj Mr. Saket Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 27-04-2026

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Heard the parties.

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The petitioners apprehend their arrest in connection

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with Nayagaon P.S. Case No. 39 of 2025 dated 28.02.2025 registered under Section 406 / 420 / 467 / 468 / 471 / 506 / 34 of

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Patna High Court CR. MISC. No.8883 of 2026(3) dt.27-04-2026 2/5

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the I.P.C.

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As per the F.I.R. the prosecution story in brief is that Pristine Mega Food Park Pvt. Ltd required land for company’s purpose at Sonepur and for the same the informant approached a broker namely, Rakesh Singh and appointed him as dealer. Furthermore, one Raju Sahni approached Rakesh Singh and assured that 01 Bigha, 01 Katha, 10 Dhur of land bearing Khata No. 174, Khesra No. 342, Tauzi No. 3049, Thana No. 36, Mauza -Rasulpur was in his mother’s possession and said that the title was also in her favour. In this connection Raju Sahni set up a meeting with Shila Devi (his wife), Shiv Kumar Sahni, Jaga Sahni and Sinhashan Sahni (his brothers) with the Company Manager Rakesh Kumar and broker -Rakesh Singh. They assured that the land had no encumbrance and that the title of the land wasn’t disputed. It was asserted that Phool Devi (mother of Raju Sahni) had power to sell the land since she was the sole owner of it. Subsequently, Phool Devi met the company officials and the company purchased the land for Rs. 52,42,500/-. The said amount was transferred to different accounts on different dates. Phool Devi after receiving the money executed the sale deed in favour of the company on 25.05.2018. Later on, when the company reached out to Circle

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Patna High Court CR. MISC. No.8883 of 2026(3) dt.27-04-2026 3/5

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Officer, Sonepur for mutation, it came to know that the accused persons had lost the title of the said land in Partition Suit No. 06/2003 in the court of Munsif-3, Chapra. Furthermore, their jamabandi was rejected by A.D.M Saran in Jamabandi Cancellation Case No. 31/2016. The company tried to get the refund of the money from the accused persons but the accused refused to comply and even threatened to eliminate company staffs and officials. The company then approached Prahlad Sahni who was the real owner of the land and purchased the land from him.

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Learned counsel for the petitioners submits that petitioners are innocent and they have not committed any offence in the manner alleged. He further submits that as per the F.I.R. the sale deed was executed by Phool Devi and not by the petitioners. The present case has been lodged after delay of 07 years after the execution of the sale deed and after the death of the executant of the sale deed i.e. Phool Devi, who died on 18.02.2021. The land sold by Phool Devi was under litigation wherein Title Appeal No. 52 / 2011 was filed in the Court of learned District Judge, Saran which was pending adjudication and the same was in knowledge of local broker Rakesh Singh who took Rs. 23,00,000/- out of the sale proceeds in cash. All

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Patna High Court CR. MISC. No.8883 of 2026(3) dt.27-04-2026 4/5

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the communications regarding land deal with the informant was done by the broker who suppressed these facts from the informant. The petitioners are illiterate daily wage labourers and have falsely been implicated in the present case despite not being the executant of the deed. The petitioners have no criminal antecedent.

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On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that the petitioners are the real beneficiary and the amount of sale proceeds was transferred to different accounts of the petitioners on different dates.

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Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that petitioners are not the executant of the sale deed, the vendor (Phool Devi), who executed sale deed in question has already died in the year 2021 and the petitioners have no criminal antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioners.

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Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

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Patna High Court CR. MISC. No.8883 of 2026(3) dt.27-04-2026 5/5

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with two sureties of the like amount each to the satisfaction of Kartikey Kesharwani, learned Judicial Magistrate Ist Class, Saran at Chapra in connection with Nayagaon P.S. Case No. 39 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Raju Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raju Sahani 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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