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Patna High Court

Sujit Kumar Singh @ Bhutto SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to conditions.

Summary

The petitioner, Sujit Kumar Singh, was arrested for allegedly selling a piece of land over which he had filed a title suit, without obtaining permission from the District Court, and was charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he is the rightful owner of the land, that he sold it lawfully, and that he has a clean antecedent, seeking regular bail. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the custody period, the facts, and the submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to execute affidavits undertaking not to sell any part of the suit property further and to file a similar affidavit in the pending title suit. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita for allegedly selling land subject to a title suit without court permission.

Legislation cited

Subjects

  • regular bail
  • land sale
  • title suit
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • property dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21846 of 2026
                   Arising Out of PS. Case No.-83 Year-2025 Thana- Chitragupta Nagar District- Khagaria
                 ======================================================
                 Sujit Kumar Singh @ Bhutto Singh S/O Late Upendra Narayan Singh R/O -
                 Sanhauli,P.S- Chitragupta Nagar,Distt.- Khagaria , Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashish Anand
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh
                                                   Mr. Mithlesh Kumar Upadhyay
                                                   Mr. Raju Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Chitragupta Nagar P.S. Case No. 83 of 2025 registered for the

                   offence under Section(s) 318(4), 338, 336(3), 340(2), 61(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is alleged

                   to have sold a piece of land over which he has himself filed a

                   title suit, without seeking permission from the District Court.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 07.01.2026 and claims clean
Patna High Court CR. MISC. No.21846 of 2026(2) dt.07-04-2026
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          antecedent. It is further submitted that the petitioner is the

          owner of the land in question and therefore, he has sold the land.

          He also submits that the petitioner undertakes not to sell any

          part of the suit property till the disposal of the title suit.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant have vehemently opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the period of custody and the submissions advanced on behalf of

          the parties, this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Chitragupta Nagar

          P.S. Case No. 83 of 2025 subject to conditions that:-

                                             (i) At the time of furnishing bail
                                  bonds, the petitioner shall file an affidavit
                                  giving an undertaking that he will not sell
                                  any part of the suit property further;
                                  thereafter, the bail bonds shall be accepted.
                                             (ii) The petitioner shall also file a
                                  similar affidavit in the pending title suit.


                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.21846 of 2026(2) dt.07-04-2026
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                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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