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Patna High Court

Jawahar Prasad Singh@ Jawahar Pd. SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Jawahar Prasad Singh, a former Circle Inspector, was implicated in a case (Supaul PS No.318 of 2025) for allegedly recommending the mutation of government land to private individuals, alleged under Sections 318(4), 338 and 336(3) of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, contending that he merely forwarded a revenue employee’s proposal and that the land’s previous records already named the private parties. The prosecution opposed bail, arguing the seriousness of the offences. The Court examined the facts, the petitioner’s lack of prior criminal record, and the procedural safeguards under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the conditions of Section 482(2). The application for bail was allowed.

Issues considered

  • Whether the petitioner is entitled to bail in a case involving alleged illegal land mutation under the Bharatiya Nyaya Sanhita.
  • Whether the allegations constitute a cognizable offence justifying denial of bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances.

Legislation cited

Subjects

  • bail
  • land mutation
  • criminal procedure
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • revenue department
  • corruption

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31858 of 2026
                        Arising Out of PS. Case No.-318 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Jawahar Prasad Singh @ Jawahar Pd. Singh, aged about 61 years, Male, S/O
                 Late Laxmi Narayan Singh, resident of Kunauli East, P.S.- Kunauli, Dist.-
                 Supaul.
                                                                         ... ... Petitioner/s

                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends arrest in connection with

                   Supaul PS Case No.318 of 2025 dated 21.06.2025, instituted

                   under Sections 318(4), 338, 336(3) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The allegation against the petitioner and others is

                   that they being the officials of Revenue Department

                   recommended for mutation of the government land in favour of

                   private persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was the In-charge Circle Inspector when the alleged

                   mutation of the land was done by the Circle Officer. It is further
Patna High Court CR. MISC. No.31858 of 2026(2) dt.07-05-2026
                                            2/3




          submitted that the allegation against the petitioner is that he

          forwarded and recommended the proposal of the then Revenue

          Karamchari before the Circle Officer and thereafter the Circle

          Officer made the mutation of gairmazaru aam and khas land in

          favour of the private persons. It is also submitted that the

          Revenue Karamchari had reported that the land does not belong

          to Aam/Khas land and on that basis the petitioner had

          recommended the application for mutation. Thereafter, the

          Circle Officer passed the order for mutation. It is also submitted

          that the on the said land previous Jamabandi was running in the

          name of the private persons. Further submission is that co-

          accused Raj Kumar Chouhdary has been granted bail by a co-

          ordinate Bench of this Court vide order dated 05.05.2026 passed

          in Cr. Misc. No.23070 of 2026. Lastly, it is submitted that the

          petitioner has no criminal antecedents.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest or surrender before the Court below within

          six weeks from today, the petitioner be released on bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned
            Patna High Court CR. MISC. No.31858 of 2026(2) dt.07-05-2026
                                                        3/3




                      Chief Judicial Magistrate, Supaul, in Supaul PS Case No.318 of

                      2025, subject to the conditions laid down in Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                   7. The application stands allowed.


                                                                   (Khatim Reza, J)
J. Alam/-

U      T


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