Patna High Court
Shailendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Shailendra Singh was arrested on 1 July 2025 in connection with a 2023 case involving alleged forgery and land mutation, charged under IPC sections 420, 467, 468 and 471. The prosecution alleged that he, along with co‑accused, used forged documents to mutate the informant's land in the name of their mother. The petitioner claimed a clean antecedent, asserted that the FIR was fabricated, and highlighted that his brother had been granted anticipatory bail in a related matter. The court noted the petitioner’s clean record and the precedent of his brother’s bail, and consequently ordered his release on bail with a bond of Rs.10,000 and specific conditions. The bail order also imposed obligations to cooperate with the trial, avoid tampering with evidence or witnesses, and disclose any concealed criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite charges under sections 420, 467, 468 and 471 of the IPC.
- Whether the petitioner’s clean antecedent and the grant of anticipatory bail to a co‑accused justify bail.
- What conditions may be imposed on bail in such offences.
Legislation cited
- Indian Penal Code — s. 34, 420, 467, 468, 471
Subjects
- bail
- forgery
- land mutation
- IPC sections 420 467 468 471
- anticipatory bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77367 of 2025
Arising Out of PS. Case No.-91 Year-2023 Thana- BARAHAT District- Banka
======================================================
Shailendra Singh S/O Late Sundar Singh @ Late Sundar Prasad Singh
Resident of Village- Tardih, P.S- Barahat, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 21-01-2026 Heard Mr. Ravi Prakash Dwivedi, learned counsel for
the petitioner and Mr. Brajendra Nath Pandey, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
01.07.2025 in connection with Barahat P.S. Case No. 91 of
2023, F.I.R. dated 02.05.2023 for the offences punishable under
Sections 420, 467, 468, 471/34 of the Indian Penal Code.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons,
on the basis of forged documents, mutated the land of the
informant in the name of their mother late Mala Devi.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R. is false and fabricated and the petitioner has not
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committed any offence as alleged in the F.I.R. Learned counsel
further submits that the petitioner along with his brother,
namely, Upendra Singh has also been made accused in the
present case on the same set of allegation and brother of the
petitioner has been granted privilege of anticipatory bail by this
Court vide order dated 17.11.2025 passed in Cr. Misc. No.
75725 of 2025 and the police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 01.07.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and same set of allegation, co-
accused person has been granted privilege of anticipatory bail
by this Court, let the petitioner, above named, be released 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 A.C.J.M. 1st, Banka in connection with Barahat P.S.
Case No. 91 of 2023, with the following conditions:
i. 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
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on his absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. 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)
Ranjeet/-
U T
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