Patna High Court
Parmatma SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners, holding that the allegations are the subject of a pending civil suit and bail is appropriate subject to conditions.
Summary
The petitioners, Parmatma Singh and Chandra Mohan Singh, sought anticipatory bail fearing arrest in connection with FIR No.442 of 2024 alleging forgery and other offences under the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners forged a land sale document to claim title over disputed land, while a civil title suit and cancellation of the sale deed were already pending before the district court. The petitioners argued that the criminal proceedings duplicate the civil dispute and should be stayed, whereas the State did not contest the pendency of the civil suit. The Court observed that the matters raised in the FIR constitute the subject of the pending civil suit and therefore granted anticipatory bail, subject to strict conditions. The order directed the petitioners to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the alleged offences are the subject of a pending civil title suit
- Whether the FIR offences under the Bharatiya Nyaya Sanhita warrant arrest pending trial
- Whether conditions under Section 438(2) CrPC and Section 482(2) BNS can be imposed on anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- forgery
- land dispute
- pending civil suit
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69178 of 2025
Arising Out of PS. Case No.-442 Year-2024 Thana- DARAUNDA District- Siwan
======================================================
1. Parmatma Singh Late Shivnath Singh Resident Of Village Ramsapur, Ps
Daraunda, Dist Siwan
2. Chandra Mohan Singh S/O Late Harihar Singh Resident Of Village -
Ramsapur, P.S- Daraunda, Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 17-01-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Daraunda P.S. Case No.442 0f 2024, F.I.R
dated 01.01.2024 registered for the offences punishable under
Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. According to prosecution case, on 01.10.2024, the
informant, Ram Darshan Prasad of village Sadhpur, District
Siwan, filed a written report alleging a land dispute concerning
specified plots recorded in the name of Khobhari Gond, whose
heirs have been paying revenue to the Government of Bihar. The
land was sold by Malti Devi, granddaughter-in-law of Khobhari
Patna High Court CR. MISC. No.69178 of 2025(4) dt.17-01-2026
2/4
Gond, to the informant and others. After the purchase, the
petitioners, Chandra Mohan Singh and Parmatma Singh,
allegedly claimed title over the land by preparing forged
documents. It is alleged that they tampered with document no.
3962 by altering it to 3983, which is not available in the
Maharajganj registry office, and that the document purportedly
relates to a sale dated 17.12.1925. Based on discrepancies,
including voter list details of 1980, the informant claims the said
document is forged.
4. Learned counsel for the petitioners submits that
primarily from perusal of the allegations levelled against these
petitioners, the remedy for adjudication of the grievance for
which the instant criminal prosecution is lodged by the informant
is pending before the Court of Civil jurisdiction to get such
corrections made and even the title suit is also pending before the
District Court vide Title Suit No.853 of 2023 for cancellation of
sale deed and the Jamabandi has also been cancelled on
17.07.2023.
5. Learned counsel for the informant, who has
appeared suo motu and as also the learned APP for the State
does not dispute the fact that there is already a title suit pending.
6. Be that as it may, primarily, the allegations which is
Patna High Court CR. MISC. No.69178 of 2025(4) dt.17-01-2026
3/4
referred in the F.I.R. is subject matter of title suit, accordingly,
this Court is inclined to grant the privilege of anticipatory bail to
the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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
the learned Chief Judicial Magistrate, Siwan, in connection with
Daraunda P.S. Case No.442 of 2024, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.69178 of 2025(4) dt.17-01-2026
4/4
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
Checking your session…