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Patna High Court

Kaushal Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application was rejected.

Summary

Kaushal Kumar Singh applied for anticipatory bail fearing arrest in a case (PS No. 193 of 2025) alleging fraudulent transfer of land, filed under sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bihar Negotiable Sale Act. The petitioner claimed ownership of the land and that he had already instituted a title suit (No. 275 of 2025). The informant, Randhir Singh, contended that the petitioner had a peaceful possession and that the petitioner suppressed his prior criminal record, which included IPC offences such as 366, 323, 504, 34 and later B.N.S. offences in other pending cases. The court examined the allegation of suppression of antecedent and the seriousness of the alleged fraud. Considering the petitioner’s attempt to hide his criminal history, the court found no merit in granting bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the alleged fraudulent land transfer.
  • Whether the suppression of prior criminal antecedents by the petitioner affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • land fraud
  • suppression of evidence
  • Bihar Negotiable Sale Act
  • Indian Penal Code
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75148 of 2025
                   Arising Out of PS. Case No.-193 Year-2025 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Kaushal Kumar Singh Son of Bhartendu Prasad Singh R/o Village -
                 Malkalipur Devdhi, P.S. - Vidhyapati Nagar, Dist. - Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Randhir Singh S/o- Late Balendra Prasad Singh R/o Village- Malkalipur
                 Devdhi PS- Vidhyapati Nagar Dist- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                  Mr. Amit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 For the Informant        :       Mr. Ramesh Kumar Choudhary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   24-02-2026                   Heard Mr. Krishna Prasad Singh, learned Senior

                   counsel for the petitioner, Mr. Ramesh Kumar Choudhary,

                   learned counsel representing the informant beside Mr. Jitendra

                   Kumar Singh, learned APP.

                                 2. The petitioner is apprehending his arrest in

                   connection with Samastipur P.S. Case No. 193 of 2025 for the

                   offence under sections 318(4), 338, 336(3), 340(2) and 3(5) of

                   the B.N.S. lodged on 18.07.2025 by the informant, Randhir

                   Singh.

                                 3. As per the prosecution story, the informant alleged

                   that in the month of March, 2025, he came to know about the

                   selling of his ancestral land by the petitioner alongwith other
Patna High Court CR. MISC. No.75148 of 2025(3) dt.24-02-2026
                                            2/3




          accused persons. He reached the Registration Office, Samastipur

          and came to know about the fraudulent transfer/registration.

          This led to the FIR.

                       4. Learned Senior counsel for the petitioner submits

          that the land belongs to the petitioner and it will manifest from

          the fact that prior to filing of the FIR, he preferred Title Suit No.

          275 of 2025 before a competent Court at Samastipur. Further,

          though in the main petition, it was recorded that he has no

          criminal antecedent, by way of supplementary affidavit, the

          petitioner has brought on record that he has one criminal

          antecedent vide Vidyapati Nagar P.S. Case No. 104/21 u/s 366,

          323, 504 and 34 of the Indian Penal Code.

                       5. Learned counsel representing the informant, on the

          other hand, submits that not only the Police during the

          investigation has recorded the fact that the Randhir Singh was

          having peaceful possession over the land, the petitioner

          suppressed his criminal antecedent in main petition and came up

          with piecemeal information in the supplementary affidavit

          inasmuch as he still suppressed the cases that have been lodged

          against him vide Vidyapati Nagar P.S. Case No. 160 of 2024 on

          03.12.2024 u/s 329, 324(4), 303(2), 308, 126(2) and other

          sections of the BNS. He further submits that a Complaint Case
          Patna High Court CR. MISC. No.75148 of 2025(3) dt.24-02-2026
                                                      3/3




                    No. 512/2023 (Arvind Kumar Singh vs. Kaushal Kumar Singh

                    and Ors.) is also pending in which cognizance was taken against

                    him on 25.09.2024 by a competent Court at Dalsinghsarai

                    Samastipur.

                                 6. Taking into account the aforesaid facts as also that

                    the petitioner tried to suppress the criminal antecedent part from

                    this Court repeatedly, in that background, it would be

                    appropriate that he seeks bail.

                                 7. The anticipatory bail application stands rejected.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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