Patna High Court
CR. MISC./42570/2026 of Raushan Gupta Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42570 of 2026 Arising Out of PS. Case No.-345 Year-2023 Thana- Kurth District- Arwal ====================================================== 1. Raushan Gupta S/o Shri Satish Prasad Resident of Village- Bara Tola, Mahaddipur, P.S.- Kurtha,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42570 of 2026
Arising Out of PS. Case No.-345 Year-2023 Thana- Kurth District- Arwal
======================================================
1.
Raushan Gupta S/o Shri Satish Prasad Resident of Village- Bara Tola, Mahaddipur, P.S.- Kurtha, District- Arwal, Bihar- 804421, At Present 45, Kurtha Road, P.S.- Kurtha, District- Arwal, Bihar - 204421
2.
Rohit Kumar @ Ujjawal Kumar Gupta S/o Shri Satish Prasad Resident of Village- Bara Tola, Mahaddipur, P.S.- Kurtha, District- Arwal, Bihar- 804421, At Present - Khemkaran Saray, P.S.- Kurtha, District- Arwal, Bihar - 204421
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
SURESH PRASAD SO MUNNI LAL PRASAD RO VILL BARA TOLA
MAHADIPUR, PS KURTHA, DIST ARWAL BIHAR
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Deepak Kumar, Advocate
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
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ORAL ORDER
13-08-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Kurtha P.S. Case No. 345 of 2023 dated 23.09.2023 registered for the offences punishable under Sections 406, 420, 504, 506 and 34 of IPC.
3. As per the prosecution case, the informant, Suresh Prasad, entered into an agreement with the accused persons, namely, Satish Prasad, Raushan Gupta and Rohit Kumar, for purchase of a piece of land appertaining to Khata No. 35, Plot Patna High Court CR. MISC. No.42570 of 2026(3) dt.13-08-2026
No.:- 243, measuring about 16.5 feet in width and 40 feet in length situated at Mauza- Mubarakpur, District- Arwal, for a total consideration money of Rs. 22,00,000/-. Pursuant to the terms of the said agreement, the complainant paid Rs. 16,00,000/- up to 02.01.2022 and thereafter an additional sum of Rs. 3,15,500/-, making a total payment of Rs. 19,15,500/- also came to be paid. The accused persons executed a Bay-bayana (agreement to sell) on 23.01.2022 acknowledging receipt of the said amount and agreed to execute the sale deed within the stipulated period. However, despite repeated requests and readiness of the complainant to pay the balance amount of Rs. 2,84,500/-, the accused persons neither executed the sale deed nor refunded the money and further allegedly abused and threatened the complainant.
4. Learned counsel for the petitioners has submitted that the dispute between the parties is regarding non-execution of sale deed and hence civil consequence would lie, the informant has never filed any suit for specific performance of contract before the contempt court civil jurisdiction. It has further been submitted that the petitioner out of his own has already paid an amount of rupees eighteen lakhs to the complainant. It has further been submitted that the petitioners Patna High Court CR. MISC. No.42570 of 2026(3) dt.13-08-2026
are sons of main accused, Satish Prasad. It has lastly been submitted that the petitioners have got no criminal antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the Opposite Party No. 2 has vehemently opposed the prayer for the anticipatory bail. Learned counsel for the Opposite Party No. 2 has submitted that there was initial deception from the beginning itself and hence offence is made out against the co-accused person including the petitioners.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court C.J.M., Arwal, in connection with Kurtha P.S. Case No. 345 of 2023, subject to conditions as laid down under section 482(2) of the B.N.S.S.
8. The application stands allowed.
Aarti/- (Praveen Kumar, J) U T