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Patna High Court

Mithilesh Kumar Singh @ Mithlesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Mithilesh Kumar Singh, sought anticipatory bail after being implicated in a FIR alleging fraudulently selling ancestral land using a forged power of attorney, intimidation, and threats of filing a case under the SC/ST Act. The petitioner contended that the dispute was purely civil, the power of attorney had been cancelled in 2015, and that the informant should have approached a civil court. The State argued that the allegations involved criminal offences under the Bihar Negotiable Securities Act, 2023, and that investigation and interrogation were necessary. The court examined the submissions, noting that the power of attorney issue did not preclude criminal liability and that the matter required thorough investigation. Consequently, the court refused to grant anticipatory bail, rejecting the petitioner's application.

Issues considered

  • Whether anticipatory bail can be granted when the allegations involve alleged fraud, forgery, and intimidation under the Bihar Negotiable Securities Act, 2023.
  • Whether the dispute is purely civil and thus bars the grant of anticipatory bail.
  • Whether the cancellation of the power of attorney in 2015 negates criminal liability for the alleged land fraud.
  • Whether investigation and interrogation of the accused are necessary before bail can be considered.

Subjects

  • anticipatory bail
  • land fraud
  • forged power of attorney
  • civil dispute
  • criminal investigation
  • SC/ST Act threat
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20931 of 2026
                        Arising Out of PS. Case No.-327 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Mithilesh Kumar Singh @ Mithlesh Kumar Singh S/O Late Birchandra Singh
                 R/O Rambhadra, P.S- Hajipur Town,Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Prasad Singh, Sr. Adv.
                 For the Opposite Party/s :        Mr. Binod Murari Mishra, Adv.
                                                   Mr. Prem Kumar, Adv.
                                                   Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-05-2026                  1. Heard learned senior counsel for the petitioner Mr.

                   Krishna Prasad Singh, learned APP for the State Mr. Rabindra

                   Kumar and the learned counsel appearing on behalf of the

                   informant.

                                2. The petitioner apprehends his arrest in connection

                   with 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., 2023.

                                3. The learned senior counsel for the petitioner

                   submits that the petitioner has antecedent of one case and the

                   informant alleges that petitioner in connivance with Shailesh

                   and Rakesh sold his ancestral land to various purchasers based

                   on forged power of attorney, when power of attorney in favour
Patna High Court CR. MISC. No.20931 of 2026(3) dt.08-05-2026
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          of Shailesh 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 Shailesh in

          name of his wife also got a lease with respect to the disputed

          land executed, further, when informant requested his uncle i.e.

          petitioner 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 Shailesh 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.

                       4. The learned senior counsel appearing on behalf of

          the petitioner submits that petitioner has been falsely implicated

          in the instant case by the informant being own uncle of the
Patna High Court CR. MISC. No.20931 of 2026(3) dt.08-05-2026
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          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 next 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 deeds cancelled,

          but then the informant instead of moving before a court of

          competent civil jurisdiction, instituted the instant FIR only a

          with a view to coerce the accused persons including the

          petitioner into submission. It is also submitted that since

          petitioner is own uncle of the informant and if lands have been

          sold, in that event, the same can only be adjudicated by a court

          of competent civil jurisdiction that as to whether the lands sold

          by the petitioner was in excess of his share or not and if it was,

          in that event, the informant would be duly compensated. It is

          also submitted that the informant has instituted Title (Partition)

          Suit No.343 of 2024 on 22.02.2025 which is pending

          adjudication.

                       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 no doubt the petitioner and the informant
Patna High Court CR. MISC. No.20931 of 2026(3) dt.08-05-2026
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          are related and at the first blush it appears that the dispute is

          civil in nature but then it is not that all civil disputes do not have

          criminal contours. It is next submitted that the sale deeds were

          not executed by the petitioner but was executed by Shailesh,

          based on a power of attorney which was executed in his favour

          by the petitioner but then it is asserted and submitted that the

          sale deed executed by the petitioner in favour of Shailesh was

          cancelled in the year 2015 itself, but then Shailesh in the year

          2017, based on the same power of attorney started selling land

          fraudulently in connivance with petitioner and Rakesh. It is also

          submitted that a counter affidavit has been filed, wherein from

          perusal of one of the sale deeds execuited by Shailesh on

          24.07.2017, it would manifest that petitioner is an identiifer on

          the sale deed and it has been recorded that the power of attorney

          executed earlier is still in force when the fact is that the power

          of attorney was cancelled in the year 2015 itself. It is thus

          submitted that since Shailesh was selling the land of the

          informant based on the power of attorney which got cancelled

          in the year 2015 executed by petitioner but still petitioner

          supported Shailesh on the issue of power of attorney only for

          the reason that his lands were not sold and the same is an aspect

          of investigation.
           Patna High Court CR. MISC. No.20931 of 2026(3) dt.08-05-2026
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                                  6. Learned senior counsel appearing on behalf of the

                     petitioner is not able to rebut the submissions of the learned

                     counsel appearing on behalf of the informant that power of

                     attorney executed by the petitioner in favour of Shailesh was

                     cancelled in the year 2015 itself and thereafter based on the said

                     power of attorney, Shailesh sold different plots of land and in

                     the year 2017, the petitioner on a sale deed was an identifier and

                     the sale deed records that the lands have been sold based on the

                     power of attorney executed in favour of Shailesh, which is still

                     in existence.

                                  7. After hearing the learned counsel for the parties, the

                     Court is in complete agreement with the submissions made by

                     the learned counsel appearing on behalf of the informant that the

                     case requires to be investigated and interrogation of the accused

                     is necessary.

                                  8. Accordingly, the Court is not inclined to extend the

                     privilege of anticipatory bail to the petitioner.

                                  9. The prayer of the petitioner for anticipatory bail

                     stands rejected.



                                               (Satyavrat Verma, J)
amit/-
U      T


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