Patna High Court
Sanjev Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs 10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sanjev Kumar Sinha, sought anticipatory bail fearing arrest in a criminal case (Turkauliya P.S. Case No.416 of 2025) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging illegal sale of land while a partition suit was pending. The petitioner contended that the land was part of joint family property, that he had acquired ownership through a valid transfer, and that the civil dispute regarding the sale deed was already being pursued. He highlighted that a co‑accused, Ekta Sinha, had been granted anticipatory bail in a similar matter and noted his own four criminal antecedents, three of which were unrelated to the present case. The State opposed the bail, arguing the seriousness of the allegations. After considering the facts, the counsel’s submissions, and the precedent of bail granted to the co‑accused, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged land sale and pending partition suit.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 308(4), 318(4), 336(3), 338, 340(2), 482(2), 61(2)
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- land sale dispute
- partition suit
- criminal antecedents
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15600 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Sanjev Kumar Sinha Son of Chintaharan Prasad Sinha Resident of Village -
Parshurampur, P.S.- Turkauliya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Md. Matloob Rab, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 29-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Turkauliya P.S. Case No.416 of 2025 instituted under
Sections 338, 336(3), 340(2), 318(4), 61(2), 308(4) of the
B.N.S., 2023.
3. As per the prosecution case, there is allegation of
sale of piece of land by the petitioner although a partition suit
was pending between the parties.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the alleged land was a part of joint
family property and the petitioner sold the said piece of land as
Patna High Court CR. MISC. No.15600 of 2026(3) dt.29-04-2026
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the same came in his ownership and title by virtue of transfer.
Learned counsel submits that with regard to same piece of land,
the informant’s father has already filed cancellation of the sale
deed and having resorted to the civil remedies, he has also filed
the present criminal case against the petitioner and others. He
further submits that the present piece of land does not fall within
the purview of schedule of land in the partition suit nor any
decree has been made with regard to the said land. Learned
counsel submits that similarly situated co-accused, namely, Ekta
Sinha has already been granted anticipatory bail by the Co-
ordinate Bench of this Court vide order dated 28.01.2026 passed
in Cr. Misc. No.3427 of 2026. He further submits that although
the petitioner has four criminal antecedents but three cases have
been filed by the prosecution side and one case belongs to
Section 138 of N.I. Act in which the petitioner is on bail.
Petitioner undertakes to cooperate in the investigation and trial
of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioner as well as the fact that
Patna High Court CR. MISC. No.15600 of 2026(3) dt.29-04-2026
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similarly situated co-accused person has already been granted
bail, in the event of arrest or surrender before the Court below
within six weeks from today, the petitioner be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount to each to the
satisfaction of the learned C.J.M., Motihari, East Champaran/
concerned Court in connection with Turkauliya P.S. Case
No.416 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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