Created by Fuzzy Cloud

Patna High Court

Chandrasekhar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioner, subject to the stipulated conditions.

Summary

The petitioner, Chandrasekhar Singh, was implicated in a complaint (No. 632 of 2024) alleging offences under Sections 318(1), 318(4) and 351(2) of the Bihar Negotiable Sale Act, 2023, relating to a disputed sale of a brick‑kiln partnership. The complainant claimed that while three partners, including the petitioner, signed the sale agreement, two others did not and subsequently used force to prevent the complainant from operating the kiln. The petitioner argued that the complaint contains no specific allegation against him, that he had indeed signed the agreement, and that there is no accusation of cheating against him. He sought anticipatory bail, citing a clean antecedent and noting that a co‑accused had already been granted anticipatory bail in a similar matter. The Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bihar Negotiable Sale Act, 2023.

Issues considered

  • Whether the petitioner is sufficiently implicated to deny anticipatory bail under Sections 318 and 351 of the B.N.S., 2023.
  • Whether the conditions of Section 438(2) CrPC and Section 482(2) B.N.S.S. justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure
  • Bihar Negotiable Sale Act
  • brick kiln dispute
  • sale agreement
  • cheating

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3113 of 2026
                  Arising Out of PS. Case No.-632 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Chandrasekhar Singh S/o Ramkeshwar Prasad Singh @ Ram Keshwan Singh
                 R/o vill - ward no. 21, Chintamani Chak, P.S.- Mokamah, Distt.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ramdev Prasad Singh S/o Late Baiju Prasad Yadav R/o vill - Gopkita, P.S.-
                 Pandarakh, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Sameer, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   22-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in connection with

                   Complaint Case No. 632 of 2024 registered for the offences

                   under Sections 318(1), 318(4), 351(2) of the B.N.S., 2023.

                                3. As per the prosecution case, the complainant has

                   alleged that all the five named accused persons, including the

                   petitioner, were running a brick kiln. It has been alleged that all

                   the partners of the brick kiln had to execute an agreement of sale

                   in favour of the informant and for that they had also paid the full

                   consideration money of Rs. 8,11,000/-. However, the sale letter

                   was signed by three of the partners, namely, Chandrasekhar
Patna High Court CR. MISC. No.3113 of 2026(4) dt.22-06-2026
                                            2/4




          Singh (petitioner), Krishnanandan Kumar and Akhilesh Kumar,

          however, two of the partners, namely, Purshottam Singh and

          Ashok Singh, were not signing the agreement paper and

          thereafter, with the help of henchmen, they stopped the

          complainant from running the brick kiln.

                       4. Learned counsel for the petitioner submits that the

          petitioner has falsely been implicated in the case, and from the

          perusal of the complaint, it is evident that nothing has been

          alleged against the petitioner and in fact, from the averments of

          the complainant, it would be clear that the petitioner had in fact

          put his signature along with two other accused persons. It has

          further been submitted that the complainant has not alleged

          anything against the petitioner as far as further running of the

          brick kiln is concerned and there is no allegation of cheating

          against the petitioner. It is further submitted that similarly

          situated co-accused, namely, Krishnandan Kumar has already

          been granted anticipatory bail by co-ordinate Bench of this

          Court vide order dated 19.09.2025 passed in Cr. Misc. No.

          66406 of 2025. Petitioner claims clean antecedent.

                       5. Learned APP for the State vehemently opposed the

          prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and
Patna High Court CR. MISC. No.3113 of 2026(4) dt.22-06-2026
                                            3/4




          circumstances of the case, let the petitioner above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of eight weeks

          from today, 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 Complaint Case No.

          632 of 2024 subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                                                  (i) One of the bailors of the
                                    petitioner shall be his close relative.
                                                  (ii) The petitioner shall remain
                                    physically present in Court on each date of
                                    the trial.
                                                  (iii) In case of absence on two
                                    consecutive dates, or in violation of the
                                    terms of the bail, the bail bond of the
                                    petitioner will be liable to be cancelled by
                                    the Court concerned.
                                                  (iv) If the petitioner is found
                                    involved in similar nature of offence in
                                    future, the prosecution shall be at liberty to
                                    move for cancellation of his bail bond.
                                                  (v) The learned Court below
                                    shall verify the criminal antecedent of the
              Patna High Court CR. MISC. No.3113 of 2026(4) dt.22-06-2026
                                                          4/4




                                                  petitioner and in case, at any stage, it is
                                                  found that the petitioner has concealed his
                                                  criminal antecedent, the court below 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.
                                     7. Accordingly, the prayer for anticipatory bail of the

                        petitioner is allowed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.