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Patna High Court

Vashisth Narayan Singh @ Bashisht Narayan Singh @ Bashisth Narain SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond, sureties and verification of his criminal antecedent.

Summary

Vashisth Narayan Singh applied for bail in a case (Rajauli P.S. Case No. 403 of 2025) alleging offences under Sections 316(2), 318(4), 336(3), 338, 351(2), 352 and 61(1) of the Bihar Negotiable Instruments Act. The prosecution alleges that the petitioner fraudulently executed a gift deed of the informant's deceased maternal grandmother. The petitioner contended that the FIR is vague, the dispute is essentially civil concerning the validity of the 22‑12‑1989 gift deed, and that similar co‑accused have been granted anticipatory bail. The State highlighted the petitioner’s alleged nine prior criminal cases, though only four were disclosed. After hearing both sides, the Court granted bail on a bond of Rs.10,000 with two sureties, directing the trial court to verify the petitioner’s criminal antecedent and cancel bail if more than four prior cases are found.

Issues considered

  • The applicability of bail in a case involving alleged fraud and multiple offences under the Bihar Negotiable Instruments Act
  • Whether the FIR’s general allegations render the matter a civil dispute unsuitable for criminal prosecution
  • The relevance of the petitioner’s prior criminal antecedents to the grant of bail

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • fraudulent gift deed
  • civil dispute
  • anticipatory bail
  • Bihar Negotiable Instruments Act
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20823 of 2026
                       Arising Out of PS. Case No.-403 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Vashisth Narayan Singh @ Bashisht Narayan Singh @ Bashisth Narain Singh,
                 Son of Late Narsingh Narayan Singh, Resident of Village -Chhapra, P.S.-
                 Rajauli, District -Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shailendra Kumar Singh, Advocate
                                                  Mr. Karu Kumar, Advocate
                                                  Mr. Shubh Raj, Advocate
                 For the State           :        Mr. Kumar Veerendra Narayan, APP
                 For the Informant       :        Ms. Priyanka Singh, Advocate
                                                  Mr. Aditya Raj Singh, Advocate
                                                  Ms. Soni Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for bail in connection

                   with Rajauli P.S. Case No. 403 of 2025 registered for the

                   offence punishable under Sections 316(2), 318(4), 336(3), 338,

                   351(2), 352 and 61(1) of B.N.S.

                                 3. The case of the prosecution, in short, is that the

                   petitioner along with others has got executed a fraudulent gift

                   deed from the deceased maternal grandmother of the informant.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.20823 of 2026(2) dt.06-04-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. From perusal of the F.I.R. itself it is clear that the nature

          of allegation is general and omnibus. It has further been

          submitted that the main dispute is regarding validity of the gift

          deed dated 22.12.1989. It has further been submitted that from

          perusal of the F.I.R. it is not clear as to what role is there of the

          petitioner in execution of that gift deed. It has further been

          submitted that it is out and out dispute of civil nature. It has also

          been submitted that similar situated co-accused persons have

          been granted anticipatory bail by learned Co-ordinate Bench of

          this Court vide Cr. Misc. No. 9281 of 2026. Moreover,

          petitioner is languishing in judicial custody since 13.02.2026.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the

          application for bail. Learned counsel for the informant has

          submitted that the petitioner is having criminal antecedent of 9

          cases whereas he has disclosed only 4 cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
             Patna High Court CR. MISC. No.20823 of 2026(2) dt.06-04-2026
                                                         3/3




                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Nawada in connection with Rajauli P.S. Case No. 403 of 2025

                       with the condition that while accepting the bail bonds of the

                       petitioner, the learned trial Court is directed to verify the

                       criminal antecedent of the petitioner and if it is found that the

                       petitioner is having criminal antecedent of more than four

                       cases, the privilege of bail shall stand cancelled.


                                                            (Ashok Kumar Pandey, J)

lata/-
U        T


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