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Patna High Court

Ram Shankar Singh @ Put Put SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond of Rs.10,000, two sureties, and conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S. 2023.

Summary

Ram Shankar Singh (Put Put Singh) sought anticipatory bail after an FIR (Case No. 806 of 2024) alleged that he illegally sold land belonging to Anjani Devi, invoking sections 318(4), 316(2), 338, 336(2), 340 and 3(5) of the B.N.S. The petitioner claimed a clean criminal record and argued that the allegations were fabricated, noting that the informant had concurrently filed a civil title suit (No. 588 of 2023) over the same land and was using the criminal case to harass him. The State and the informant opposed the bail. The Court considered the pending civil suit, the petitioner’s clean antecedent, and the possibility of misuse of the criminal process, and consequently granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. 2023. The bail order required the petitioner’s cooperation in the trial, presence in court, and prohibited tampering with evidence or witnesses, with provisions for cancellation upon breach.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the FIR alleging offences under sections 318(4), 316(2), 338, 336(2), 340 and 3(5) of the B.N.S.
  • Whether the pending civil title suit over the same land influences the grant of anticipatory bail.
  • Whether the petitioner’s clean antecedent warrants bail and what conditions are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • false FIR
  • pending civil suit
  • clean antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74072 of 2025
                        Arising Out of PS. Case No.-806 Year-2024 Thana- NAGAR District- Vaishali
                 ======================================================
                 Ram Shankar Singh @ Put Put Singh S/O Late Baiju Singh @ Baidhnath
                 Singh R/O Vill.- Ram Bhadra, P.S.- Hajipur Town, Dist.- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Anjani Devi @ Anju Devi W/O Late Rajeshwar Prasad Sah Resident of
                 Mohalla- Nakhas, P.S.- Town, Dist.- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjit Kumar Thakur, Advocate
                 For the Informant        :        Mr. Jainendra Kumar, Advocate
                 For the State            :        Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   12-01-2026                    Heard Mr. Ranjit Kumar Thakur, learned counsel for

                   the petitioner, Mr. Jainendra Kumar, learned counsel for the

                   Informant and Mr. Upendra Kumar, learned APP for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Hajipur Town P.S. Case No. 806 of 2024, F.I.R.

                   dated 09.10.2024 registered for the offences punishable under

                   Sections 318(4), 316(2), 338, 336(2), 340 and 3(5) of B.N.S.

                                  3. Allegation against the petitioner is that he has

                   illegally sold the land of the informant.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.               He further submits that the
Patna High Court CR. MISC. No.74072 of 2025(3) dt.12-01-2026
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          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          He further submits that the informant has filed a Title Suit No.

          588 of 2023 against the petitioner for the same set of land which

          is subject matter of the present criminal case and in one hand he

          has fled the Title Suit and in other hand he has filed the present

          F.I.R. only to harass the petitioner.

                          5. Learned APP for the State as well as learned

          counsel for the Informant, on the other hand, has opposed the

          prayer for anticipatory bail of the petitioner.

                         6. Considering the aforesaid facts that the Title Suit

          is pending for the same set of land which is subject matter of the

          present criminal proceeding and the petitioner having clean

          antecedent, let the petitioner, above named, in the event of his

          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/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Vaishali at

          Hajipur in connection with Hajipur Town P.S. Case No. 806 of

          2024, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/ Section 482(2) of
               Patna High Court CR. MISC. No.74072 of 2025(3) dt.12-01-2026
                                                           3/3




                         BNSS, 2023 and with other following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below 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 below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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