Patna High Court
Sujeet Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Since the dispute is essentially civil, the parties are family members, and the petitioner has no criminal antecedent, the court granted anticipatory bail under Section 438(2) Cr.P.C. subject to conditions.
Summary
The petitioner, Sujeet Kumar Singh, sought anticipatory bail fearing arrest in a case (Banka P.S. Case No. 305 of 2025) alleging offences under Sections 318(4), 338, 336(3), 340(2), 322 and 3(5) of the B.N.S.S. The prosecution alleged that co‑accused used forged documents to halt construction on ancestral land in collusion with the petitioner. The petitioner contended that the FIR was based merely on a civil family dispute, that no agreement or registration existed, and that civil remedies were available; he also highlighted his clean criminal record. The State opposed the bail. Considering the familial relationship, the civil nature of the dispute, and the petitioner’s lack of antecedent, the court granted anticipatory bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail is appropriate when the FIR stems from an alleged forgery linked to a civil family dispute
- Whether the availability of civil remedies negates the need for criminal prosecution
- Whether the petitioner’s clean criminal record warrants the grant of bail
- Whether Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. can be invoked to grant anticipatory bail
Legislation cited
- B.N.S.S. — s. 318(4), 322, 336(3), 338, 340(2), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- forgery
- civil dispute
- family dispute
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25037 of 2026
Arising Out of PS. Case No.-305 Year-2025 Thana- BANKA District- Banka
======================================================
Sujeet Kumar Singh S/O Anil Kumar Singh R/O Village- Tarsand,
Dharmapur, P.S.- Gaurabadsashahpur, Jaunpur, Uttar Pradesh, Pin- 222107
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshab Raj, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Banka P.S. Case No. 305 of 2025 in a case
registered for the offence punishable under Sections 318(4),
338, 336(3), 340(2), 322, 3(5) of the BNS.
3. As per the prosecution case, co-accused Niranjan
Kumar Yadav and Aman Kumar Ranjan halted construction on
ancestral land of the informant by using forged documents
created in collusion with the petitioner.
4. Learned counsel for the petitioner submits that the
present first information report has been filed only on the basis
of some apprehension that the petitioner and others are trying to
Patna High Court CR. MISC. No.25037 of 2026(2) dt.01-05-2026
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usurp his land by forcefully capturing the same on the basis of
forged documents. The FIR itself indicates that certain
documents with regard to genealogy has been found to be
forged but the petitioner asserts that no agreement has ever been
executed as alleged in the FIR and no registry has been done. It
is further submitted that the case arises out of a civil dispute and
the petitioner and the informant belong to the same family. It is
further submitted that in case of any registry etc., the avenue of
civil remedies is always open to the informant. The petitioner
has no criminal antecedent.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that both the parties
belong to the same family and civil remedies to the dispute are
available, let the above named petitioner who has no criminal
antecedent, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees 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 Banka
Patna High Court CR. MISC. No.25037 of 2026(2) dt.01-05-2026
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P.S. Case No. 305 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
U T
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