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Patna High Court

Shailesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

Shailesh Kumar Singh applied for anticipatory bail after a FIR was lodged alleging that he, in collusion with others, sold ancestral land using forged power of attorney, threatened victims, and operated as a land‑mafia. The informant claimed the petitioner had a history of twenty‑one criminal cases and that the alleged offences included sections 316(2), 318(4), 338, 336(2), 340(2) and 61(2) of the B.N.S., with a Section 84 process already issued. The petitioner argued the matter was essentially civil and that he was falsely implicated, seeking bail to avoid arrest. The State and the informant opposed bail, emphasizing the serious nature of the allegations, the forged documents, and the petitioner’s criminal antecedents. The Court, after considering the submissions, declined to grant anticipatory bail, holding that the seriousness of the accusations and the petitioner’s record warranted denial of the privilege.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged offences under the B.N.S. and his criminal antecedents
  • Whether the FIR, though rooted in a civil land dispute, justifies criminal proceedings and denial of bail

Subjects

  • anticipatory bail
  • land fraud
  • forged power of attorney
  • land grabbing
  • SC/ST Act
  • criminal antecedent
  • civil dispute criminalisation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18695 of 2026
                        Arising Out of PS. Case No.-327 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Shailesh Kumar Singh S/o Rambahal Singh RO Village- Hela Bazar, PS-
                 Hajipur Town, District- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Himanshu Ranjan
                                                   Mr. Sudhanshu Prakash
                                                   Mr. Manish Chandra Gandhi
                 For the Opposite Party/s :        Mr. Bharat Lal- A.P.P.
                                                   Mr. Binod Murari Mishra
                                                   Mr. Prem Kumar
                                                   Mr. Kamlesh Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                   1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in Hajipur Town P. S. Case No.327 of 2025 registered for

                   the offences punishable under Sections 316(2), 318(4), 338,

                   336(2), 340(2), 61(2) of the B.N.S.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of twenty cases and the same is

                   rebutted by the learned counsel appearing on behalf of the

                   informant and it is submitted that petitioner has antecedent of

                   twenty one cases. The learned counsel for the petitioner next
Patna High Court CR. MISC. No.18695 of 2026(2) dt.02-04-2026
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          submits that the informant alleges that petitioner in connivance

          with Mithilesh and Rakesh sold his ancestral land to various

          purchasers based on forged power of attorney when power of

          attorney in favour of Mithilesh and Rakesh was cancelled

          earlier. Further, accused were also helped in their misdeeds by

          the Registry Office and the Circle Office, Hajipur. It is next

          alleged that petitioner in name of his wife also got a lease with

          respect to the disputed land executed. Further, when informant

          requested his uncle Mithilesh to get the sale deed cancelled, his

          named cousin brother abused and threatened that he will lose his

          life for the land and that a case under SC/ST Act would be

          instituted, since some purchasers belongs to SC/ST Category. It

          is next alleged that petitioner is a land mafia and grabs land

          under threat and if he is not able to grab the land by force then

          gets the land owner implicated in cases relating to SC/ST Act. It

          is next alleged that delay in instituting the FIR was because of

          the reason that his father was looking after the land, hence

          informant and his brother were not much aware of the land, but

          they came to know about the misdeeds of the accused persons

          including the petitioner when his father died on 01.12.2024 and

          that Shailesh had taken Munna whom his father had entrusted

          with the work of looking after the land in confidence.
Patna High Court CR. MISC. No.18695 of 2026(2) dt.02-04-2026
                                            3/4




                       4. The learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and has been

          falsely implicated in the instant case by the informant. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that the dispute is purely civil to which a

          criminal colour has been given. It is further submitted that if

          what has been alleged in the FIR is true, in that event, the

          informant ought to have moved a court of competent civil

          jurisdiction for getting the sale deed cancelled, but then, instead

          of moving before a court of competent civil jurisdiction, the

          instant FIR came to be instituted only a with a view to coerce

          the accused persons including the petitioner into submission.

                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the anticipatory

          bail application. The learned counsel appearing on behalf of the

          informant submits that it is difficult to countenance what has

          been submitted by the learned counsel appearing on behalf of

          the petitioner, but then, it is not that every civil dispute does not

          have criminal contours. It is next submitted that specific

          allegation has been alleged in the FIR that based on forged and

          fabricated documents, the land of the informant has been

          grabbed by the petitioner. It is next submitted that a specific
               Patna High Court CR. MISC. No.18695 of 2026(2) dt.02-04-2026
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                         allegation is alleged that petitioner is a land mafia and the same

                         also gets corroborated by the facts that he has antecedent of

                         twenty one cases. It is further submitted that process under

                         Section 84 BNSS has already been issued which amply

                         demonstrates that petitioner is evading the law.

                                      6. Considering the submissions made by the learned

                         A.P.P. as well as the learned counsel appearing on behalf of the

                         informant, the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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