Patna High Court
Arvind Kumar@ Arvind SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that because the allegations were mainly civil and the FIR did not specify particular criminal acts, the petitioners were entitled to bail subject to statutory conditions.
Summary
Arvind Kumar and Vimala Devi petitioned the Patna High Court seeking pre‑arrest bail in a criminal case (P.S. Case No. 106 of 2025) alleging offences under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023 relating to alleged forgery and illegal sale of land after a Khangi partition. The State opposed bail, contending that the petitioners were involved in fabricating documents and land grabbing. The petitioners argued that the dispute was essentially civil, noting a pending title suit and prior rejections of civil relief, and that they had a clean antecedent. The court observed that the FIR lacked specific criminal particulars and the matter appeared predominantly civil, and therefore granted bail subject to conditions under Section 482(2) of the B.N.S. Additionally, in a related application by Badri Singh, the petitioner died during proceedings, rendering the application infructuous and dismissed. The court ordered bail bonds of Rs 10,000 with two sureties and a family member as a bailor.
Issues considered
- Whether anticipatory/pre‑arrest bail can be granted when the allegations are primarily civil in nature.
- Whether the petitioners are entitled to bail despite accusations of forgery and land grabbing under the Bharatiya Nagrik Suraksha Sanhita.
- Whether the death of a petitioner renders a pending application infructuous.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 115(1), 118(1), 119(2), 318(2), 336(3), 337, 338, 3(5), 351(2)(3), 482(2)
- Code of Civil Procedure, 1908
Subjects
- anticipatory bail
- pre‑arrest bail
- land dispute
- forgery
- civil versus criminal jurisdiction
- Bharatiya Nagrik Suraksha Sanhita
- section 482
- injunction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16288 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- Piplawa District- Patna
======================================================
1. Arvind Kumar@ Arvind Sharma S/O Badri Singh R/O Village- Faridapura,
P.S.- Piplawan, District- Patna
2. Vimala @ Vimala Devi W/O Arvind Kumar R/O Village- Faridapura, P.S.-
Piplawan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 16357 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- Piplawa District- Patna
======================================================
Badri Singh S/o Late Khelawan Singh R/o Village- Faridapura, P.S.-
Piplawan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 16288 of 2026)
For the Petitioner/s : Mr. Vinay Mistry, Adv.
For the Opposite Party/s : Mr. Satendra Narayan Singh, APP
For the O.P. No. 2 : Mr. Purushotam Sharma, Adv.
(In CRIMINAL MISCELLANEOUS No. 16357 of 2026)
For the Petitioner/s : Mr. Vinay Mistry, Adv.
For the Opposite Party/s : Mr. Satendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 24-06-2026 Re: Cr. Misc. No. 16357 of 2026
At the outset, Mr. Vinay Mistry, learned Advocate for
the petitioner informed this Court that during the pendency of
the present application, the petitioner (Badri Singh) died and, as
such, the present application has become infructuous.
Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026
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2. In view of the aforesaid facts, the present
application stands dismissed, having become infructuous.
3. Learned Advocate for the State and the informant
are present.
Re: Cr. Misc. No. 16288 of 2026
4. Heard the learned Advocate for the petitioners and
the learned Additional Public Prosecutor for the State.
5. The petitioners are apprehending their arrest in
connection with Piplawan P.S. Case No. 106 of 2025, registered
for the offences punishable under Sections 115(1), 118(1),
318(2), 119(2), 337, 338, 336(3), 351(2)(3) and 3(5) of the
B.N.S., 2023.
6. Based upon the complaint case, which later on sent
to the concerned Police Station, an FIR has been instituted with
an allegation that on 31.05.2014, a Khangi partition took place
between the father of the complainant-informant, namely, Late
Dwarika Prasad Singh with his eldest uncle Sri Badri Singh and
younger uncle Sri Chandrika Singh. After partition, all the
parties had come in peaceful possession of their respective
shares. Subsequently the complainant-informant, on account of
illness, started living in Patna, and taking advantage of the
same, the petitioners in connivance with each other and the land
Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026
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grabbers prepared forged and fabricated partition deed and
fraudulently got the land revenue receipts and thereafter, sold
the land illegally.
7. Learned Advocate for the petitioners submitted that
the complainant-informant is the cousin of the petitioner no. 1
and they admitted this fact that after Khangi partition, they have
been coming in their peaceful possession of their respective
shares. In order to resolve the dispute, the complainant-
informant has also filed Title Suit No. 143 of 2020 before the
learned Sub-Judge – 1, Danapur by making the petitioner no. 1
and Chandrika Singh as defendants. The complainant-informant
has also filed petition under Order-39, Rule – 1 & 2 of the Code
of Civil Procedure, 1908 but the same was rejected vide order
dated 08.12.2022. The prayer for cancellation of Jamabandi has
also been turned down by the learned Additional Collector,
Patna vide order dated 30.07.2024. To support the aforesaid
contention, the order has been placed on record as Annexure-
P/2. It is lastly contended that even if the allegation is taken at
their face value, prima facie, it appears to be predominantly
civil in nature and the present case is nothing, but mala fide
more to settle the score.
8. On the other hand, learned Advocate for the State
Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026
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and the informant opposed the pre-arrest bail application and
submit that during the course of investigation, the Investigating
Officer has found that the petitioners in connivance with land
grabbers have prepared a forged and fabricated batwaranama
and based upon which, they have sold the land and, as such,
prima facie, the involvement of the petitioners have found in
misappropriating and grabbing the land of the petitioners in
fraudulent manner. It is further contended that the petitioners
have also manipulated the public documents and, as such, they
do not deserve the privilege of anticipatory bail.
9. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the allegation levelled in the FIR, where no specific instance or
particulars of the land has been mentioned, besides the
accusation appears to be predominantly civil in nature, coupled
with the fact that the complainant-informant has also filed a title
suit, which is pending consideration before the Civil Court of
competent jurisdiction and the petitioners are carrying fair
antecedent, let the petitioners above named be released on bail,
in the event of their arrest or surrender before the court below
within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026
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bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, Danapur in connection with Piplawan
P.S. Case No. 106 of 2025, subject to the conditions laid down
in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023 with the further condition that one of the bailors shall be
the own/close family members of the petitioners.
(Harish Kumar, J)
shivank/-
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