Patna High Court
Rajiv Raj SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 323, 341, 406, 420, 504, 506
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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