Patna High Court
Kaushal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 126(2), 303(2), 308, 323, 324(4), 329, 34, 366, 504
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.