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Patna High Court

Ram Naresh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to bond, sureties and verification of their criminal antecedents.

Summary

The petitioners, three brothers from Sabnima village, sought bail after the police filed a criminal case alleging offences under Sections 318(4), 336(3), 338, 340(2) and 61 of the B.N.S., 2023 in connection with a land dispute. The prosecution’s version claimed the land was originally purchased by the informant’s ancestors in 1910, whereas the petitioners contended that the land belonged to the first petitioner, was bought by his ancestors in 1966, and was lawfully sold to the second petitioner in 2017. They argued that the case was false and filed after an eight‑year delay to pressure them in a civil matter. The State opposed bail, labeling the petitioners habitual offenders with multiple criminal antecedents. After considering the delay, the nature of the dispute, and the petitioners’ claims, the court granted bail on a bond of Rs.10,000 with two sureties, subject to verification of their criminal antecedents and compliance with Section 482(2) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious offences alleged under the B.N.S., 2023.
  • Whether the prosecution case is a false or vexatious proceeding intended to settle a civil land dispute.
  • Whether the petitioners' prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • land dispute
  • false prosecution
  • criminal antecedent
  • Section 318
  • Section 336
  • Section 338
  • Section 340
  • Section 61
  • Section 482
  • habitual offender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25726 of 2026
                     Arising Out of PS. Case No.-232 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.     Ram Naresh Singh son of Late Bhuneshwar Singh R/o village- sabnima, PS
                  -Athmalgola, District- Patna
           2.    Ranjeet Kumar son of Kameshwar Singh R/o village- sabnima, PS
                 -Athmalgola, District- Patna
           3.    Mahesh Kumar Singh @ Mahesh Kumar @ Mahesh Singh son of Late
                 Bhuneshwar Singh R/o village- sabnima, PS -Athmalgola, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Rajeev, Advocate
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Athmalgola P.S. Case No.232 of 2025, for allegedly having

                   committed offences under Sections 318(4), 336(3), 338, 340(2)

                   and 61 of the B.N.S., 2023.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to

                   the effect that 58 decimals of land was purchased by his

                   ancestors in the year 1910 and he is in peaceful possession of

                   the same. It has been alleged that the petitioner no.1, who is co-
Patna High Court CR. MISC. No.25726 of 2026(2) dt.22-04-2026
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          villager of the informant, sold the said land to his cousin,

          Ranjeet Kumar (petitioner no.2) on 14.02.2017, in which the

          petitioner no.3 is a witness.

                       4. The learned counsel for the petitioners submits that

          the prosecution story is false and concocted. The true fact is that

          the land belongs to the petitioner no.1 and the same was

          purchased by his ancestors on 18.08.1966 from one Dharo

          Mahto through registered sale deed and since then the petitioner

          no.1 is coming in peaceful possession of the same. The rent

          receipt was being issued in the name of the father of the

          petitioner no.1 and therefore, he sold the said land to his cousin,

          Ranjeet Kumar through a registered sale deed dated 14.02.2017.

          After purchase of the land, the petitioner no.2 is coming in

          peaceful possession of the said land and the same has been

          mutated in his name. It is submitted that the informant has filed

          the present case in 2025, i.e., after eight years of the execution

          of the sale deed. He further submits that the petitioner no.1 has

          got seven criminal antecedents and in some of the cases, he has

          been acquitted and in other cases he is on bail, except

          Athmalgola P.S. Case No.281 of 2025 in which investigation is

          going on. Similarly, the petitioner no.2 has got seven criminal

          antecedents and in two cases, he has been acquitted while in
Patna High Court CR. MISC. No.25726 of 2026(2) dt.22-04-2026
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          other cases, he is on bail. Further, the petitioner no.3 has got

          nine criminal antecedents, out of which, in two cases, he has

          been acquitted, and is on bail in five cases and in two cases,

          final form has been submitted

                       5. The learned A.P.P. for the State opposes the prayer

          for bail of the petitioners and submits that the petitioners are

          habitual offenders and have been made accused in similar nature

          of cases of land grabbing.

                       6. Having considered the rival submissions and after

          going through the records, it appears that the informant has filed

          the present case after eight years of execution of the sale deed

          and has tried to put pressure upon the petitioners by filing the

          present case in order to settle the civil dispute.

                       7. Taking into consideration the facts aforesaid, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned A.C.J.M., Barh, Patna in connection with

          Athmalgola P.S. Case No.232 of 2025, subject to the conditions

          laid down under Section 482(2) of the B.N.S.S. with a further

          condition that:-
               Patna High Court CR. MISC. No.25726 of 2026(2) dt.22-04-2026
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                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bonds in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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