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Patna High Court

Nawkant SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond, sureties and verification of criminal antecedents under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Nawkant Singh, was apprehended for arrest in a criminal case (Nathnagar PS Case No. 406 of 2025) alleging offences under Sections 318(4), 338 and 340(2) of the Bihar Negotiable (B.N.S.). The prosecution’s case is based on a written report that the petitioner threatened an informant over a dispute concerning ancestral land that had been mutated in the petitioner’s name after an oral partition, but later cancelled following the informant’s application. The petitioner contended that the land belonged to him after an oral partition and that a title suit concerning the same property is pending, emphasizing his clean criminal antecedent. The State opposed bail, arguing the seriousness of the offences. The Court, noting the pending civil dispute and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties, subject to verification of antecedents and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioner despite pending criminal charges under Sections 318(4), 338 and 340(2) of the B.N.S.
  • Whether the civil dispute over land mutation and the pending title suit affect the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • section 482
  • land mutation
  • ancestral property dispute
  • Bihar Negotiable

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26445 of 2026
                   Arising Out of PS. Case No.-406 Year-2025 Thana- NATHNAGAR District- Bhagalpur
                 ======================================================
                 Nawkant Singh S/o Late Bhagwat Singh R/o Village - Shahpur, P.S -
                 Nathnagar, District - Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :      Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   29-04-2026                         Heard the learned counsel for the petitioner and

                   the learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Nathnagar P.S. Case No. 406 of 2025, for

                   allegedly having committed offence under Sections 318(4), 338

                   and 340(2) of the BNS.

                                   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 when he went to his parental

                   property for doing agricultural work, then petitioner, who

                   happens to be the younger brother of his grandfather, stopped

                   him from doing the same. He even started abusing and

                   threatening him and told the informant that if he will come

                   again on the land, then he would be killed. When the informant
Patna High Court CR. MISC. No.26445 of 2026(2) dt.29-04-2026
                                            2/4




          went to the Circle Office and obtained a copy of the record, then

          it transpired that in the mutation paper, an affidavit has been

          attached in which signatures of all the brothers have been made,

          which has been signed by the petitioner and illegally the land

          has been mutated in his name. The land is the ancestral property

          and mutation has been done illegally. He filed an application for

          cancellation of Jamabandi before the learned Additional

          Collector, Sadar, Bhagalpur vide Appeal Case No. 498 of 2023-

          24 and the same has been cancelled. Thereafter, the informant

          approached the office of the Circle Officer and then the name of

          the petitioner has been removed from the revenue records.

                          4. The learned counsel for the petitioner submits

          that the petitioner and the informant are agnates and there was

          an oral partition in the family and all the co-sharers came in

          their respective possession. He further submits that one of the

          agnates filed Title Suit No. 423 of 2013 in the Court of learned

          Sub-Judge- I, Purnea, in which the present petitioner has also

          been arrayed as a defendant, wherein a prayer has been made for

          partition of the ancestral property. Several disputes are going on

          in between the parties. He further submits that after oral

          partition, the land in question came in the share of the petitioner,

          therefore he filed an application before the Circle Officer,
Patna High Court CR. MISC. No.26445 of 2026(2) dt.29-04-2026
                                            3/4




          Nathnagar for mutation of the land and accordingly, the said

          land has been mutated in the name of the petitioner in the year

          2013 and       thereafter the petitioner started enjoying peaceful

          possession over the land. Subsequently, when the informant

          filed Mutation Appeal No. 497 of 2023-24 before the learned

          D.C.L.R., Sadar, Bhagalpur, the mutation of the land was

          cancelled on 29.04.2025. The petitioner has preferred Mutation

          Revision No. 262 of 2025-26, which is pending for

          consideration. The petitioner has got clean antecedent.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail of the petitioner.

                           6. Having heard the rival submissions and after

          going through the record, it appears that there is a dispute in

          between the family members with regard to partition of the

          ancestral property, for which a title suit is also pending. The

          land was mutated in the name of the petitioner and later on, on

          an application filed by the informant, the mutation in the name

          of the petitioner has been cancelled, against which, a revision

          has been filed by the petitioner, which is pending before the

          authority concerned for consideration. Considering the above,

          let the petitioner, above named, in the event of arrest or

          surrender within a period of six weeks, be released on bail on
           Patna High Court CR. MISC. No.26445 of 2026(2) dt.29-04-2026
                                                       4/4




                     furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Judicial Magistrate First Class, Bhagalpur in connection with

                     Nathnagar P.S. Case No. 406 of 2025, subject to the conditions

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

                     condition:

                                  (1) The learned Court concerned shall verify the

                     criminal antecedent of the petitioner and in case at any stage, it

                     is found that the petitioner has concealed his criminal

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioner. 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)
AjayMishra/-

U      T


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