Patna High Court
Satish SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC.
Summary
The petitioner, Satish Singh, was accused in a complaint alleging that he forcibly took Rs.15,000 in cash and a gold chain from the complainant after demanding an additional Rs.1,00,000 for a land sale. The complaint, filed under Sections 323 and 380 of the Indian Penal Code, arose from a land dispute concerning a sale deed dated 18‑11‑2015 and a subsequent transfer to a third party. The petitioner claimed he was innocent, had no prior knowledge of the case, and filed an anticipatory bail application under Section 438(2) of the CrPC. The court considered that the matter primarily involved a civil land dispute and that the petitioner’s claim of innocence warranted bail. Accordingly, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks. The order was made subject to the conditions prescribed under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 323 and 380 of the IPC arising from a civil land dispute
- Whether the petitioner’s lack of prior knowledge and claim of innocence justify the grant of bail under Section 438(2) of the CrPC
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 380
Subjects
- anticipatory bail
- land dispute
- IPC 323
- IPC 380
- CrPC Section 438
- bail bond
- property dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66186 of 2025
Arising Out of PS. Case No.-89 Year-2017 Thana- COMPLAINT CASE - BARH District-
Patna
======================================================
Satish Singh S/O Late Ajay Narayan Singh R/O Village- Bichali Malahi,
Police Station- Barh, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Yadunandan Paswan S/O Late Anirudh Paswan R/O Village- Bichali Malahi,
South of Kaliasthan, Police Station- Barh, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 24-02-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Complaint Case No. 89 of 2017, disclosing
offences under Sections 323 and 380 of the Indian Penal Code.
3. As per the allegation, the complainant purchased a
land from the petitioner in the year 2013 through a registered
sale deed for a consideration of Rs. 3,13,000/-. It is further
alleged that thereafter the petitioner started demanding an
additional sum of Rs. 1,00,000/- in respect of the said land.
Upon the complainant’s refusal to pay the additional amount,
the petitioner came to the complainant’s house, abused him, and
forcibly took away Rs. 15,000/- in cash and a gold chain
Patna High Court CR. MISC. No.66186 of 2025(5) dt.24-02-2026
2/3
belonging to his wife.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated due to a
land dispute between the parties. The land in question had
already been sold to the complainant by a registered sale deed
dated 18.11.2015, and the complainant has subsequently
transferred the same to Smt. Priya Kumari on 19.05.2023.
Learned counsel further submits that the petitioner had no
knowledge of the institution of the case, when he came to know
about it, promptly filed the present application for anticipatory
bail.
5. Regards being had to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation and the fact that land dispute is there between the
parties, I am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrat-IV,
Patna High Court CR. MISC. No.66186 of 2025(5) dt.24-02-2026
3/3
Barh, (Patna), in connection with Complaint Case No. 89 of
2017, subject to the condition laid down under Section 438 (2)
of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
Siwani/-
U T
Checking your session…