Created by Fuzzy Cloud

Patna High Court

Dhananjay Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to a bond, sureties and verification of his criminal antecedents.

Summary

The petitioner, Dhananjay Kumar Singh, sought anticipatory bail after an FIR was lodged alleging that he fraudulently sold a plot of land already sold to the informant. The informant claimed the petitioner sold the same land to co‑accused without any right, invoking several sections of the Bihar Negotiable Sale Act, 2023. The petitioner argued that the land in question differed from that described in the informant’s deed and that the dispute was a civil family matter, not a criminal offence. The State and the informant opposed bail, citing the petitioner’s five prior cases related to land grabbing. The court observed that the matter was essentially a land‑dispute and, noting that co‑accused had already been granted anticipatory bail, ordered that the petitioner be released on anticipatory bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S despite the pending FIR and alleged criminal antecedents.
  • Whether the alleged sale of the same land constitutes an offence under Sections 318(4), 336(3), 338, 340(2), 3(5) of the B.N.S., 2023.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • criminal antecedent
  • Section 482
  • Bihar Negotiable Sale Act
  • property fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35775 of 2026
                 Arising Out of PS. Case No.-352 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Dhananjay Kumar Singh S/o Ram Anup Singh @ Ramanup Singh R/o Village
                 - Mathurapur, P.S - Turkauliya, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Anshay Bahadur Mathur, Advocate
                 For the State           :        Ms. Rina Sinha, APP
                 For the informant       :        Mr. Madhurendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   26-05-2026                  Heard the learned counsel for the petitioner, the learned

                   counsel for the informant and the learned A.P.P. appearing on

                   behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Piprakothi P.S. Case No. 352 of 2025, for allegedly having

                   committed offences under Sections 318(4), 336(3), 338, 340(2),

                   3(5) of B.N.S., 2023.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to the

                   effect that he purchased a land bearing Khata No. 50, Khesra No.

                   801, measuring an area of 4 Katha 4 Dhur by a registered sale

                   deed on 30.12.2020 from Rajnish Kumar Singh @ Puttu Singh and

                   since then he is in possession of the said land. He further alleged

                   that same land has been fraudulently sold by the petitioner and one
Patna High Court CR. MISC. No.35775 of 2026(2) dt.26-05-2026
                                            2/4




          Ravi Kumar Singh to Ram Pravesh Yadav, Umesh Kumar Yadav

          and Raj Kumar without having any right and title.

                       4. The learned counsel for the petitioner submits that the

          disputed plot of land bearing Khata No. 50, out of which, Rajnish

          Kumar has transferred 4 Katha 4 Dhur in favour of the informant

          by a registered sale deed no.10786, dated 30.12.2020, whereas

          from the remaining 9 Katha 17 Dhur, the petitioner along with his

          other co-sharer, Dhananjay Kumar Singh has executed another sale

          deed on 04.07.2025 for an area measuring 4 Katha 4 Dhur in

          favour of co-accused nos. 1, 2 and 4. The land, which has been

          sold by the petitioner, is different from the land, which has been

          mentioned by the informant. The learned counsel for the petitioner

          further submits that the boundary mentioned therein is different

          from the sale deed, which has been executed by the informant. The

          learned counsel for the petitioner further submits that there is a

          dispute in between the family members and due to which the

          present case has been filed. The informant, to put undue pressure

          upon the petitioner herein, has filed the present First Information

          Report. The learned counsel for the petitioner further submits that

          the petitioner has got five antecedents and all the cases have been

          lodged by the co-sharer of the land in question.

                       5. Per contra, the learned counsel appearing on behalf

          of the informant submits that the petitioner has sold the same land,
Patna High Court CR. MISC. No.35775 of 2026(2) dt.26-05-2026
                                            3/4




          which was earlier sold by the informant and he further submits that

          the petitioner along with co-accused are indulged in capturing and

          grabbing different lands for which they have been named in

          different cases relating to land grabbing and capturing. He further

          submits that one of the co-accused, namely, Ravi Kumar has been

          put behind bars and his bail has been rejected by the Hon’ble

          Supreme Court of India in one another case relating to land

          grabbing.

                       6. The learned APP appearing on behalf of the state also

          opposes the prayer for anticipatory bail of the petitioner and

          submits that the petitioner has got five antecedents relating to land

          capturing and grabbing.

                       7. Having considered the rival submissions and after

          going through the records, it appears that there is a land dispute in

          between the parties and due to said dispute for sale of same plot of

          land, which has been alleged by the informant, the present First

          Informant Report has been lodged. The informant by putting

          pressure upon the petitioner has filed the present case to settle the

          civil remedy. It further appears that four co-accused, namely, Raj

          Kumar @ Raj Kumar Ram , Umesh Kumar Yadav, Ram Pravesh

          Yadav and Yogendra Rai have been granted the privilege of

          anticipatory bail by a learned Co-ordinate Bench of this Court vide

          order 08.04.2026, passed in Criminal Miscellaneous No. 21728 of
                Patna High Court CR. MISC. No.35775 of 2026(2) dt.26-05-2026
                                                            4/4




                          2026.

                                       8. Taking into consideration the facts aforesaid, let the

                          petitioner, above-named, in the event of his arrest or surrender

                          within a period of six weeks, be released 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 Chief

                          Judicial Magistrate, Motihari in connection with Piprakothi P.S.

                          Case No.352 of 2025, subject to the conditions laid down under

                          Section 482(2) of the B.N.S.S with a further condition that:-

                                       The learned court concerned shall verify the criminal

                          antecedent of the petitioner and in case at any stage it is found that

                          the petitioner has concealed his criminal antecedent, the court

                          concerned shall take steps for cancellation of bail bond of the

                          petitioner. However, the acceptance of bail bond in terms of the

                          above-mentioned order shall not be delayed for purpose of or in

                          the name of verification.


                                                      (Ritesh Kumar, J.)

Sanjay/Shital

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.