Patna High Court
Naval Singh @ Nawal Kishor Singh @ Nawal Kishore Singh @ Nawal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners, subject to a bail bond and sureties.
Summary
Naval Singh and Dilip Singh applied for anticipatory bail after being implicated in a criminal case (PS Case No.56 of 2025) under several sections of the Bihar Negotiable Sale Act, 2023, stemming from a land dispute. The FIR alleged that Bittu Kumar Shah, who lacked title, sold the plot to the petitioners, leading to a scuffle when the informant contested the transaction. The petitioners contended they were bona‑fide purchasers, that the land originally belonged to Bal Govind Shah and that Bittu had a legitimate right as heir, and that the only charge against them was a minor assault causing no injury. The State opposed the bail, but the court noted the civil nature of the dispute, the petitioners' bona‑fide status, and the lack of serious injury. Consequently, the court granted anticipatory bail, subject to a Rs.10,000 bond and two sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S.S, 2023 in view of the alleged offences arising from a civil land dispute.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- civil dispute
- land sale
- bona fide purchaser
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7527 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Naval Singh @ Nawal Kishor Singh @ Nawal Kishore Singh @ Nawal
Singh S/O Shyam Babu Singh R/O Village- Manupur, P.S- Dighwara, Distt.-
Saran.
2. Dilip Singh @ Dilip Kumar Singh S/O Shyam Babu Singh R/O Village-
Manupur, P.S- Dighwara, Distt.- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rakesh Kumar Mishra S/O Pramod Narain Mishra R/O Village- Manupur,
P.S- Dighwara, Distt.- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Khushi Awadh, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Digwara P.S. Case no.56 of 2025 registered under sections
329(3), 115(2), 109, 319, 338, 336 and 340 of BNS, 2023.
3. Allegation in the F.I.R, arising out of a complaint,
is that one Bittu Kumar Shah having no right title over a
particular plot of land, executed a registered sale deed in favour
of the petitioners and when the informant opposed such
transaction at the time of demarcation of plot of land, a scuffle
took place in which the petitioners also participated.
Patna High Court CR. MISC. No.7527 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioners submits, at the
outset, that these petitioners are bona fide purchasers of plot in
question, which was sold by co-accused Bittu Kumar Shah. It
has been submitted that the disputed land in question originally
belongs to one Bal Govind Shah and the final heir of the said
disputed land was Subhash Narayan Shah and Santosh Shah and
there was no partition of the disputed land and Bittu Kumar
Shah, being son of Subh Narayan Shah, had the adequate right
and title over the land in question. As such, no offence of
forgery etc., is made out against the petitioners and other co-
accused persons. So far as the applicability of Section 109 of
B.N.S is concerned, the only allegation against petitioner no.1 is
that of pushing the informant on earth and assaulting with fists
and slaps causing virtually no injury to the informant. The
petitioners undertake to co-operate in investigation.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the fact and considering that the entire incident
arises out of a civil dispute between the parties and petitioner
being bona fide purchasers of a plot of land coupled with the fact
that no injury caused to the informant and others is attributable
Patna High Court CR. MISC. No.7527 of 2026(2) dt.04-02-2026
3/3
to the present petitioners, it is directed that the petitioners, above
named, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Digwara P.S. Case no.56
of 2025 on each of them furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court, subject to the condition laid
down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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