Patna High Court
Maheshwar Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the dispute is essentially civil and granted bail to the petitioner under Section 482(2) of the BNSS.
Summary
Maheshwar Prasad Singh was arrested in connection with a criminal complaint alleging fraudulent transfer of his father's ancestral and self‑acquired property to his wife. The petitioner contended that the dispute arose from a pending partition suit and was essentially civil in nature. The State argued that the allegations, if true, constituted offences under Sections 318, 338, 115(2), 303(2) and 3(5) of the Bhartiya Nayay Sanhita, 2023. The Court observed that the matter primarily involved a civil property dispute and that the criminal complaint was not legally sustainable without supporting affidavit. Accordingly, the Court exercised its inherent powers under Section 482(2) of the BNSS and ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether the criminal complaint alleging fraudulent transfer of property is maintainable given the underlying civil partition dispute
- Whether bail can be granted under Section 482(2) of the Bhartiya Nayay Sanhita, 2023 in such circumstances
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 115(2), 303(2), 318, 338, 3(5), 482(2)
Subjects
- bail
- civil dispute
- property partition
- criminal complaint
- Section 482
- BNSS
- fraudulent transfer
- ancestral property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79582 of 2025
Arising Out of PS. Case No.-1704 Year-2024 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Maheshwar Prasad Singh Son of Harihar Singh, Resident of Village - Panapur
Silauthar, P.S. - Jandaha, Dist. - Vaishali. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Harihar Singh Son of Late Jangi Singh, Resident of Village - Panapur
Silauthar, P.S. - Jandaha, Dist. - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Thakur, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 26-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with C.A. Case No. 1704 of 2024 registered for the
offences punishable under Sections 318, 338, 115(2), 303(2) and
3(5)of Bhartiya Nayay Sanhita 2023.
3. As per complaint, the petitioner alleged to transfer
the ancestral property and also the self acquired property of his
father fraudulently in name of his wife.
4. It is submitted by learned counsel appearing for
petitioner that the present complaint case was lodged due to
dispute regarding partition of ancestral property amongst brothers.
Patna High Court CR. MISC. No.79582 of 2025(4) dt.26-02-2026
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It is submitted that due to typographical error, the father was
shown dead and it was neither intentional nor deliberate. It is
submitted that now aforesaid partition title suit is pending before
the court of learned Civil Judge, Hajipur, Vaishali as Partition Suit
No. 210/2023.
5. Arguing further, it is submitted that the allegation as
raised through the complaint petition not appears legally
sustainable for the reasons that same not appears supported
through affidavit in view of Priyanka Srivastava Vs. State of
Uttar Pradesh [2015 (6) SCC 287].
6. Learned APP, duly assisted by learned counsel
appearing on behalf of the informant, while opposing the prayer of
bail submitted that the petitioner being son of the complainant
fraudulently transferred the ancestral land and also self acquired
land of his father in name of his wife but fairly conceded that for
all such dispute a Title suit as aforementioned is pending before
the court of Civil Judge.
7. In view of aforesaid factual submission and by taking
note of fact as the dispute primarily appears civil in nature
between the parties qua partition of ancestral property and self
acquired property of the complainant, who is none but the father
of the petitioner, accordingly, above named petitioner, in the event
Patna High Court CR. MISC. No.79582 of 2025(4) dt.26-02-2026
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of his arrest or surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-XIV, Vaishali at Hajipur/concerned Court, where
the case is pending in connection with Complaint Case No. 1704 of
2024 subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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