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Patna High Court

Ravi Kumar Singh @ Ravi SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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