Patna High Court
Ravi Kumar Singh @ Ravi SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Ravi Kumar Singh, was arrested in connection with a FIR under sections 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging fraudulent sale of land purchased by the informant. The petitioner contended that the matter was a civil dispute arising from a partition suit between co‑sharers of the same family, and that the proper remedy was a suit for cancellation of the sale deed, not criminal prosecution. The State opposed bail, arguing that the petitioner had previously sold similar lands belonging to others. The Court, after hearing both sides, noted the familial relationship, the civil nature of the dispute, and the petitioner’s cooperation, and ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail bond was to be approved by the Chief Judicial Magistrate of Motihari.
Issues considered
- The applicability of sections 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita to a civil land‑sale dispute
- Whether the petitioner is entitled to regular bail despite the serious nature of the allegations
- Whether the proper remedy for the informant is a civil suit rather than criminal prosecution
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- criminal procedure
- land dispute
- civil dispute
- partition suit
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35636 of 2026
Arising Out of PS. Case No.-352 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Ravi Kumar Singh @ Ravi Singh S/o Late Rajbanshi Singh R/o village -
Mathurapur, P.S.- Turkauliya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshay Bahadur Mathur, Advocate
For the State : Mr. Bharat Bhushan, APP
For the Informant : Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-06-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Piprakothi P.S. Case
no.352 of 2025 registered under sections 318(4), 336(3), 338,
340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the land purchased by him from one Rajnish Kumar Nirala
has been sold by the accused persons including the petitioner,
thus leading to the instant FIR.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case wherein the
allegations are one of purely civil dispute. The petitioner and the
vendor of the informant namely Rajnish Kumar Nirala are co-
Patna High Court CR. MISC. No.35636 of 2026(2) dt.01-06-2026
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sharers and belong to the same family between whom partition
suit etc. are going on in the Court below. The matters arise out
of the immovable property which are subject matter of the said
partition suit. The proper remedy for the informant was to file
appropriate suit in the learned Court below for cancellation of
the sale deed, if any. Further referring to the statement made in
paragraph no.6 of the petition which gives the description of the
lands sold by the petitioner, learned counsel submits that the
boundary of the land sold by the petitioner and that of the
informant are distinct and different. The petitioner is in custody
since 9.2.2026 and undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned A.P.P.
for the State and learned counsel for the informant. Learned
counsel for the informant submits that besides there being direct
allegation against the petitioner, even on earlier occasion he has
sold similar pieces of land belonging to others. As such, it is not
a case for grant of bail.
6. Having heard learned counsel for the parties and
taking into consideration the relationship of the petitioner and
the vendor of the informant being co-sharers together with the
nature of dispute and the petitioner having remained in custody
Patna High Court CR. MISC. No.35636 of 2026(2) dt.01-06-2026
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since 9.2.2026, the Court directs the petitioner to be enlarged on
bail in connection with Piprakothi P.S. Case no.352 of 2025 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 Chief Judicial Magistrate, Motihari, East Champaran.
(Partha Sarthy, J)
Saurabh/-
U T
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