Patna High Court
Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to petitioners 2‑5 subject to conditions and dismissed the anticipatory bail application of petitioner 1 as withdrawn.
Summary
The petitioners sought anticipatory bail in a criminal case (Town P.S. Case No. 935 of 2022) alleging offences under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code relating to a land‑sale dispute. The prosecution alleged that the accused conspired to sell land belonging to Anil Kumar Singh without his consent. Petitioners contended that the matter was purely civil, that they were innocent, and that the charges were false. The court allowed petitioner No. 1 to withdraw his anticipatory bail application after his arrest, and granted anticipatory bail to petitioners Nos. 2, 3, 4 and 5 subject to a bail bond of Rs 10,000 with two sureties and the condition that one bailor be a close relative. The order was made under Section 482 of the Code of Criminal Procedure, emphasizing that the dispute could be resolved in civil court.
Issues considered
- Whether anticipatory bail should be granted to the accused persons charged under IPC sections 420, 467, 468, 471 and 34.
- Whether the underlying land dispute renders the criminal charges inappropriate and the matter is civil in nature.
- Whether the application of petitioner No. 1 should be dismissed as withdrawn after his arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 420, 467, 468, 471
Subjects
- anticipatory bail
- land dispute
- criminal conspiracy
- IPC
- civil remedy
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13455 of 2026
Arising Out of PS. Case No.-935 Year-2022 Thana- MOTIHARI TOWN District- East
Champaran
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1. Anil Kumar Singh S/O Late Nand Lal Singh Resident of Village - Ajgari,
P.S. - Banjariya, District - East Champaran
2. Om Prakash Kumar @ Om Kumar Son of Anil Kumar Singh Resident of
Village - Ajgari, P.S. - Banjariya, District - East Champaran
3. Pramila Devi Wife of Santosh Kumar Resident of Village- Ajgari
Chudiharwa Tola, P.S.- Banjariya, District- East Champaran.
4. Sunil Kumar @ Sunil Sah Son of Nathuni Sah Resident of Village- Ajgari
Chudiharwa Tola, P.S.- Banjariya, District- East Champaran.
5. Basudev Sah Son of Mohan Sah Resident of Village- Panditpur, P.S.-
Piprakothi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Town P.S. Case No. 935 of 2022 for the
offence under Sections 420, 467, 468, 471 and 34 of the
Indian Penal Code.
3. As per the prosecution story, the informant has
alleged that on 20.11.2022 at about 8:00 A.M., his brother
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Anil Kumar Singh threatened him, stating that he had sold
his share of land bearing khata No. 366, Khesra No. 699,
situated at Mauja Ajgari, and would usurp the remaining
land. On verification at the Registration Office, Motihari, he
found that on 15.11.2022 his brother had executed two
registered sale deeds (Doc. Nos. 17355 and 17357) in
favour of Pramila Devi and Basudev Sah, respectively, with
the involvement of witnesses and an identifier, despite
having no ownership over his share. The certified copies
obtained on 22.11.2022 revealed that the accused persons,
by hatching a criminal conspiracy, sold his land.
4. At the outset learned counsel for the petitioners
submits that during the pendency of the present application,
petitioner no. 1 namely Anil Kumar Singh, has been
arrested and he seeks permission to withdraw the
anticipatory bail application with respect to petitioner no. 1.
5. Permission is accorded.
6. Accordingly the anticipatory bail application
with respect to petitioner no. 1 namely, Anil Kumar Singh
stands dismissed as withdrawn.
7. So far as rest petitioners are concerned, learned
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counsel for the petitioners submits that petitioners are
innocent and have committed no offence rather they have
falsely been implicated in the present case due to land
dispute and ulterior motive. Petitioner no. 1 is bonafide
seller and the petitioner nos. 3 and 5 are purchaser whereas
petitioner nos. 2 and 4 are witness and identifier. Learned
counsel further submits that jamabandi has also been
created in favour of petitioner no. 3 and 5 and they are also
paying the rent. The dispute in question is purely of civil
nature and there is remedy available before the Court of
competent Civil jurisdiction.
8. Learned APP opposes the prayer for bail.
9. Keeping in view the aforesaid facts, this Court
is inclined to extend them the privilege of anticipatory bail.
10. Let the petitioner nos. 2, 3, 4 and 5 be released
on bail in the event of arrest or surrender within a period of
four weeks from the date of receipt of this order, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of like amount each to the satisfaction of
learned Chief Judicial Magistrate, East Champaran,
Motihari, in connection with Town P.S. Case No. 935 of
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2022 subject to the conditions as laid down under Section
482 of B.N.S.S., as also with the condition that one of the
bailors should be close relative of the petitioners.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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