Patna High Court
Sanjiv Kumar Singh @ Sanjiv SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bond, sureties and conditions under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioner, Sanjiv Kumar Singh, feared arrest in a criminal complaint (Case No.1380/2023) alleging fraud, forgery and other offences under several IPC sections relating to a disputed mutation of ancestral land. He claimed he was falsely implicated as the dispute stemmed from a family partition matter, and that the mutation appeals filed by the complainant were dismissed by the D.C.L.R., Banka. No representative appeared for the second opposite party despite proper service. Considering the dismissal of the mutation appeals and the familial nature of the dispute, the court inclined to grant anticipatory bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties and the bail is subject to Section 482(2) of the B.N.S.S. 2023, to be executed within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite pending charges under IPC sections 420, 467, 468, 471, 120(B), 504 and 506.
- Whether the dismissal of the mutation appeals by the D.C.L.R. impacts the criminal proceedings and justifies bail.
- Whether the petitioner can be considered falsely implicated due to a family land dispute.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471, 504, 506
Subjects
- anticipatory bail
- family dispute
- land mutation
- fraud
- forgery
- IPC sections 420
- IPC sections 467
- IPC sections 468
- IPC sections 471
- IPC section 120B
- IPC sections 504
- IPC sections 506
- section 482 B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68733 of 2025
Arising Out of PS. Case No.-1380 Year-2023 Thana- COMPLAINT CASE District- Banka
======================================================
Sanjiv Kumar Singh @ Sanjiv Singh Son of Late Ratneshwar Prasad Singh
Resident of Village -Dhauri, Police Station -Belhar, District -Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Binod Shankar Singh son of Late Ratneshwar Prasad Singh Resident of
Village -Dhauri, Po- Rajpur, Police Station -Belhar, District -Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee
Mr. Ganesh Sharma
Mr. Vikash Kumar Nigam
For the Opposite Party/state: Mr.Umanath Mishra
For the Opposite Party No.2: None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 04-05-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Complaint Case No.1380 of 2023 dated 08.08.2023
registered under Section 420, 467, 468, 471, 120(B), 504, 506 of
the I.P.C.
3. As per the F.I.R. the petitioner along with others
have fraudulently mutated some portion of ancestral land on the
basis of forged partition papers.
Patna High Court CR. MISC. No.68733 of 2025(4) dt.04-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case due to family
dispute. The petitioner is the own brother of the complainant.
Jamabandi / mutation was created in the name of the petitioner
and other co-sharers on the basis of a partition arrived at
between the parties in the year 2007. The complainant filed
Mutation Appeal No. 2159 /2024-25 & 2162 / 2024-25 before
the D.C.L.R., Banka which has been dismissed by the learned
D.C.L.R., Banka.
5. No one appears for the opposite party no. 2 despite
valid service of notice.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that both the parties
are co-sharer having dispute regarding partition and D.C.L.R.,
Banka in Mutation Appeal No. 2159/2024-25 & 2162 / 2024-25
filed by the complainant has dismissed the appeal of the
complainant, accordingly, I am inclined to grant anticipatory
bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
Patna High Court CR. MISC. No.68733 of 2025(4) dt.04-05-2026
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with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate Banka / court concerned,
Banka in connection with Complaint Case No. 1380 / 2023
subject to the condition as laid down under Section 482 (2) of
the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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