Patna High Court
Upendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner as the dispute was deemed civil in nature and a co‑accused had already been granted bail.
Summary
The petitioner, Upendra Singh, sought anticipatory bail fearing arrest in a case involving offences under Sections 341, 323, 406, 420, 504, 506 and 120(B) of the IPC, alleged to arise from a fraudulent land sale using a forged power of attorney. The petition argued that the matter was essentially a civil dispute over land sale and purchase, with a related title suit pending before a Sub‑Judge, and that a co‑accused, Ram Naresh Rai, had already been granted anticipatory bail. The State opposed the bail on the ground of the serious criminal allegations. The Court examined the nature of the dispute, noted the pending civil suit, and considered the precedent of bail already granted to the co‑accused. Concluding that the controversy was civil in character and that bail had already been extended to a co‑accused, the Court allowed the petition for anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on bail upon furnishing a bail‑bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and the inherent powers of the High Court under Section 482.
Issues considered
- Whether anticipatory bail should be granted when the alleged offences arise from a civil dispute over land sale.
- Whether the grant of anticipatory bail to a co‑accused influences the decision on bail for the petitioner.
Legislation cited
- Code of Criminal Procedure — s. 438, 482
- Indian Penal Code — s. 120(B), 323, 341, 406, 420, 504, 506
Subjects
- anticipatory bail
- civil dispute
- land sale fraud
- Indian Penal Code
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78982 of 2025
Arising Out of PS. Case No.-618 Year-2022 Thana- GOPALPUR District- Patna
======================================================
Upendra Singh S/O Late Sadhu Saran Singh Resident of Village- Tetri,
Mohanpur, P.S- Gaurichak, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yashraj Bardhan
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 341, 323, 406, 420,
504, 506, 120(B) of the Indian Penal Code.
3. It is alleged that after taking total consideration
amount from informant, this petitioner, in collusion with co-
accused Ram Naresh Rai, duped the informant on the basis of
forged power of attorney and by impersonation executed sale-
deed in favour of informant and when informant knew this fact
and demanded his money, he was abused and threatened by
accused persons.
4. Learned counsel for the petitioner submits that
from bare perusal of the F.I.R. itself it is apparent that the dispute
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between the parties is with respect to sale and purchase of land,
for which the informant has got alternative remedies. Moreover,
in this case, a title suit, bearing Title Suit No. 472 of 2022, filed
by co-accused Ram Naresh Rai and other two persons, is also
pending before the court of learned Sub-Judge 1 st, Patna. He
further submits that co-accused Ram Naresh Rai has already been
granted anticipatory bail by this Court, vide order dated
11.07.2024 passed in Cr.Misc. No. 73073 of 2023 (Annexure
P/5). Moreover, the dispute is purely of civil nature.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the fact that dispute is purely of civil
nature and co-accused Ram Naresh Rai has already been
extended the privilege of anticipatory bail, the prayer for
anticipatory bail of petitioner is allowed.
7. Accordingly, in the event of arrest/surrender before
the Court below within a period of eight weeks from today, let
the above named petitioner 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 learned J.M. 1 st Class,
Patna, in connection with Gopalpur P.S. Case No. 618 of 2022,
subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.78982 of 2025(2) dt.09-02-2026
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Code of Criminal Procedure / Section 482 of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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