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Patna High Court

Sunil Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, holding that the matter is a civil dispute and they are bona‑fide purchasers, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioners, who are relatives of the informant, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) relating to alleged fraud in a land partition. The prosecution alleged that the informant’s mother had executed a partition deed excluding the daughters, and that the daughters and their husbands conspired to sell their share. The petitioners contended that the dispute was essentially civil, that they were bona‑fide purchasers of the land and that the sale deed identified them correctly. The State opposed the bail on the basis of the FIR allegations. Considering that the matter primarily involved a family land dispute and the petitioners were bona‑fide buyers, the Court granted anticipatory bail subject to a bond and sureties, and conditioned it on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order directs that the bail be effected if the petitioners are arrested or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted in a case that is essentially a civil land dispute but filed under criminal provisions of the BNSS.
  • Whether the petitioners, as alleged purchasers, can be considered innocent parties warranting bail despite the FIR allegations.

Legislation cited

Subjects

  • anticipatory bail
  • civil dispute
  • land partition
  • property dispute
  • BNSS
  • Section 438
  • Section 482
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3117 of 2026
                      Arising Out of PS. Case No.-53 Year-2025 Thana- Krishnabraham District- Buxar
                 ======================================================
           1.     Sunil Kumar Singh S/o Ramkrishna Singh Resident of Village- Naya
                  Bhojpur, Police Station - Naya Bhojpur in the district of Buxar.
           2.    Sanjay Kumar Singh S/o Jagdish Singh Resident of Village- Dharahara,
                 Police Station- Krishnabrahm in the district of Buxar.
           3.    Chandrawati Devi W/o Late Shiv Shankar Singh Resident of Village-
                 Dharahara, Police Station- Krishnabrahm in the district of Buxar.
           4.    Shiv Shambhu Singh S/o Ram Vijay Prasad Singh @ Ram Vijay Singh
                 Resident of Village- Dharahara, Police Station- Krishnabrahm in the district
                 of Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :        Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 316(2),

                   316(3), 318(2), 318(4), 336(3), 338 and 3(5) of the B.N.S.

                                3. The case of the prosecution is that the informant’s

                   mother has purchased a land and during her lifetime she

                   executed a partition deed, where she gave no share to the

                   daughters. The informant’s three sisters and their husbands in

                   conspiracy sold away their share of land.
Patna High Court CR. MISC. No.3117 of 2026(2) dt.28-01-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          dispute involved in the present case is essentially civil in nature

          and admittedly the accused nos. 1, 2 and 3 of the complaint case

          are sisters of the complainant/informant, Madan Prasad Sah. It

          is further submitted that as a matter of fact, the land in question

          was divided amongst the three daughters and two sons and the

          same was mutated in the name of daughters as well and it was

          bonafide share that they had sold to the petitioners no.1, 2 and 3,

          who are the bonafide purchasers of the said land while the

          petitioner no. 4 is identifier on the said sale deed.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and considering the fact that the case at hand

          essentially involves civil dispute amongst family of the

          informant and the present petitioners being the bonafide

          purchasers of the land and identifier on the sale deed, let the

          above named petitioners, be released on bail, in the event of

          their arrest or surrender before the learned Court below within a

          period of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the
              Patna High Court CR. MISC. No.3117 of 2026(2) dt.28-01-2026
                                                          3/3




                        like amount each to the satisfaction of the learned Court below

                        where the case is pending/successor Court in connection with

                        Krishnsbrahm P.S. Case No. 53 of 2025, subject to the condition

                        as laid down under Section 438 (2) of the Cr.P.C/ Section 482

                        (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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