Patna High Court
Nawkant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
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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,
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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
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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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