Patna High Court

Ekta SinhaversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Ekta Sinha sought anticipatory bail after an FIR alleged that she sold a piece of land while a partition suit was pending, invoking sections 338, 336(3), 340(2), 318(4), 61(2) and 308(4) of the B.N.S. The petitioner contended that the land was joint family property and that she acquired title through a sale deed executed by her husband, and that the informant had already pursued civil remedies, filing a cancellation suit and only later resorting to criminal proceedings after a three‑year delay. The State opposed the bail, arguing the seriousness of the offences. The Court observed that the dispute was essentially civil, the criminal complaint was filed after considerable delay, and therefore granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted in a case that stems from a civil dispute over land sale.
Whether the three‑year delay in filing the criminal complaint bars the grant of anticipatory bail.
Whether the nature of the offences alleged under the B.N.S. warrants denial of bail.

Legislation cited

B.N.S. — s. 308(4), 318(4), 336(3), 338, 340(2), 61(2)
Code of Criminal Procedure, 1973 — s. 438(2), 482(2)

Subjects

anticipatory bail
land sale
partition suit
civil dispute
criminal procedure
delay in prosecution
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3427 of 2026
                      Arising Out of PS. Case No.-416 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Ekta Sinha Wife of Sanjeev Kumar Sinha Resident of Village - Parshurampur,
                 P.S.- Turkauliya, District - East Champaran.
                                                                            ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner. and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Sections 338,

                   336(3), 340(2), 318(4), 61(2), 308(4) of the B.N.S.

                                3. The FIR discloses an allegation of sale of piece of

                   land by the petitioner although a partition suit was pending

                   between the parties.

                                4. Learned counsel for the petitioner submits that as a

                   matter of fact, the land was a part of joint family property and

                   the petitioner sold the said piece of land as the same came in her

                   ownership and title by virtue of sale deed executed by her

                   husband. It has also been submitted that with regard to the same

                   piece of land, the informant’s father has already filed

                   cancellation of the sale deed and having resorted to the civil
             Patna High Court CR. MISC. No.3427 of 2026(2) dt.28-01-2026
                                                         2/2




                       remedies, he has also filed the present criminal case against the

                       petitioner and others. It has also been submitted that the present

                       piece of land does not fall within the purview of schedule of

                       land in the partition suit nor any decree has been made with

                       regard to the said land

                                    5.    Learned APP for the State has opposed the

                       application for anticipatory bail.

                                         6. Taking into consideration the facts and

                       circumstances and also considering the fact that the case

                       essentially involves civil dispute and the informant after having

                       taken recourse to civil remedies has filed the present case after

                       lapse of three years, let the above named petitioner, in the event

                       of his arrest or surrender before the learned Court below within

                       a period of four weeks from today, be enlarged on bail on

                       furnishing bail bond of Rs.10,000/- (Rupees 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 Turkauliya P.S. Case No. 416 of 2025,

                       subject to the condition as laid down under Section 438 (2) of

                       the Cr.P.C./482(2) of the B.N.S.S.


                                                 (Soni Shrivastava, J)
devendra/-
U      T

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