Patna High Court
Shivendra Kumar Singh @ Surendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner, subject to a bond and sureties, under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Shivendra Kumar Singh, a former Circle Officer, sought bail in a criminal case registered under IPC sections 419, 420, 467, 468, 471 and 120(B). The prosecution alleged that he colluded with co‑accused to declare an informant dead, forge a daughter’s identity and mutate the informant’s land. The petitioner contended that the land had been lawfully sold in 2013, that his role was limited to issuing a mutation order based on a revenue clerk’s report, and that the FIR was lodged seven years after the alleged act, rendering the prosecution doubtful. He also highlighted his clean antecedents and the fact that co‑accused had already been granted bail. The court, considering the delay, the petitioner’s clean record and the nature of the dispute, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under IPC sections 419, 420, 467, 468, 471 and 120(B).
- Whether the seven‑year delay in lodging the FIR renders the prosecution doubtful and warrants bail.
- Whether the petitioner’s clean antecedent and the fact that co‑accused have been granted bail influence the bail decision.
- Whether bail can be granted under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- IPC sections 419, 420, 467, 468, 471, 120(B)
- delay in FIR
- clean antecedent
- government official
- land mutation
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75695 of 2025
Arising Out of PS. Case No.-282 Year-2023 Thana- IMAMGANJ District- Gaya
======================================================
Shivendra Kumar Singh @ Surendra Kumar Singh S/o Late Mohan Sharma
Resident of Village- Sanda, Mahavir Astha, P.S.- Mau, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar , Advocate
For the Opposite Party/s : Mr. Shaheen Begum , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 419, 420,467, 468 ,
471 and 120 ( B ) of IPC .
3 . As per the prosecution case , informant namely,
Nafisa Khatoon alleged that this petitioner who was Circle
Officer, at the relevant time in collusion with other co-accused
persons declared the informant dead and projected one Bunni
Begum as her daughter and mutated the land of the informant,
in her name .
4. Learned counsel for the petitioner submitted that
land in question was sold vide registered sale deed dated
11.02.2013 by Bunni Begum in favor of one Sahguffa Yasmin
Patna High Court CR. MISC. No.75695 of 2025(2) dt.05-02-2026
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and Sahista Sahin for a consideration amount of Rs. 6,14,000/-.
At the relevant time , petitioner was Circle Officer Inspector
and he only submitted a report, vide order dated 22.06.2016 and
directed for mutation of the land on the basis of report submitted
by the Revenue clerk . The report of Revenue clerk was based
on the oral evidence of husband of the informant and their
family members. It is further submitted that against the order of
this petitioner dated 22.06.2016, passed in M. Case No. 372 of
2016, informant filed an appeal bearing M. Appeal No. 08 of
2016-17, before the Court of Land Reforms Deputy collector,
Shergahti Gaya, the learned D.C.L.R., Sherghati, in his order
dated 18.10.2016 allowed the appeal and set aside the order of
this petitioner i. e,. Annexure – P/3 to the bail petition . Title suit
No. 49 of 2017 is also pending between the parties in which
informant is defendant No. 1 . cause of action arose in the year
2016 but the present F.I.R. has been lodged in the year 2023,
after the delay of 7 years which itself makes the entire
prosecution doubtful against this petitioner. Petitioner being a
government official was simply discharging his duty and has
falsely been made accused in this case with ulterior motive .
Petitioner claims clean antecedent. Similarly situated co-
accused persons has already been granted bail by this Hon’ble
Patna High Court CR. MISC. No.75695 of 2025(2) dt.05-02-2026
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Court vide order dated 08.10.2025 in Cr. Misc. No. 70345 of
2025 .
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the nature of dispute , clean antecedent
of the petitioner and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioner, as named above, be enlarged 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 JM -1 st Class,
Sherghati Gaya in connection with Imamganj P.S. Case No. 282
of 2023 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U
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