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Patna High Court

Rajiv Raj SinhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because of the seriousness of the offences and the petitioners' criminal antecedent.

Summary

The petitioners, Rajiv Raj Sinha and Kumari Guriya Sinha, were accused in a complaint case of cheating, criminal breach of trust, assault, and criminal intimidation for taking Rs 44 lakhs from the complainant for a land sale that was never executed and threatening him when the money was demanded. The petition sought anticipatory bail under Section 438 of the CrPC, arguing that they might be arrested for the offences listed under Sections 420, 406, 341, 323, 504 and 506 of the Indian Penal Code. The court noted the serious nature of the allegations, the substantial monetary loss to the complainant, and the petitioners’ prior criminal antecedent. Considering these factors, the court held that granting anticipatory bail would be inappropriate. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail under Section 438 of the CrPC when the accused are charged with serious offences under the IPC and have prior criminal antecedents?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • cheating
  • criminal breach of trust
  • criminal intimidation
  • IPC sections 420,406,341,323,504,506
  • land sale fraud
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12161 of 2026
                    Arising Out of PS. Case No.-570 Year-2023 Thana- NALANDA COMPLAINT CASE
                                                     District- Nalanda
                 ======================================================
           1.     Rajiv Raj Sinha Son of Rajnandan Prasad @ Rajnandan Prasad Singh @
                  Ram Chandra Prasad R/o - Nalanda Colony, Ramchandarpur, P.o - Bihar
                  Sharif, P.S - Laheri, District - Nalanda
           2.    Kumari Guriya Sinha @ Guriya Kumari Wife of Rajiv Raj Sinha R/o -
                 Nalanda Colony, Ramchandarpur, P.o - Bihar Sharif, P.S - Laheri, District -
                 Nalanda
                                                                          ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar
           2.     Sanjit Kumar Son of Late Arjun Prasad R/o - Mangalpur Bustand
                  Ramchandarpur, Po- Biharsharif, Ps- Laheri, Dist- Nalanda
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Pankaj Kumar
                 For the Opposite Party/s :    Mr.Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners apprehend their arrest in a

                   complaint case, punishable for the offence under Sections 420,

                   406, 341, 323, 504, 506 of the Indian Penal Code.

                                3. As per complaint case, these two petitioners took

                   Rs. 44 Lakhs from the complainant/opposite party no. 2, as

                   consideration money, for selling a piece of land, but neither

                   executed sale-deed nor returned the alleged money and when

                   complainant demanded his money, he was threatened to kill.

                   Petitioners have got one criminal antecedent.
           Patna High Court CR. MISC. No.12161 of 2026(2) dt.24-02-2026
                                                       2/2




                                  4. Considering the nature of accusation and criminal

                     antecedent, the prayer for anticipatory bail of petitioners is

                     rejected.



                                                    (Prabhat Kumar Singh, J)
Anay

U      T


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