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Patna High Court

Upendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.78982 of 2025(2) dt.09-02-2026
                                            2/3




          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
                                                       3/3




                     Code of Criminal Procedure / Section 482 of the B.N.S.S.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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