Patna High Court
Kapildeo Singh @ Kapildev SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner on the condition of a Rs. 15,000 bond and two sureties.
Summary
Kapildeo Singh was arrested in connection with a land fraud case (Chautham P.S. Case No. 100 of 2025) alleging tampering with revenue records, creation of fraudulent Jamabandi, and looting of wheat crops. The petitioner claimed he had been in custody since 21 September 2025, had no prior criminal record, and was falsely implicated in what he described as a civil land dispute. He also pointed out that a co‑accused had been granted anticipatory bail by a coordinate bench of the same court. The State opposed the bail application, arguing the seriousness of the offences under the Bharatiya Nyaya Sanhita. Considering the petitioner’s lack of antecedents, the parity with the co‑accused, and the civil nature of the underlying dispute, the court inclined to grant bail. The court ordered his release on a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious offences alleged under the Bharatiya Nyaya Sanhita, 2023
- Whether the grant of anticipatory bail to a co‑accused creates a parity principle applicable to the petitioner
- Whether the civil nature of the land dispute negates the necessity of continued detention
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 3(5)
Subjects
- bail
- anticipatory bail
- land fraud
- revenue records
- Bharatiya Nyaya Sanhita
- civil dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80538 of 2025
Arising Out of PS. Case No.-100 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Kapildeo Singh @ Kapildev Singh S/o Late Khiltu Singh @ Rasdhari Singh
R/o vill - Patel Nagar, P.S.- Choutham, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Chautham P.S. Case No. 100 of 2025 instituted for the offence
under Sections 319(2), 318(4), 338, 336(3) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the informant
claiming ownership of ancestral Khatiyani land at Mouza
Borney Patti, alleged that the accused persons fraudulently
created fresh Jamabandi in their names by tampering with
revenue records and illegally harvested crops for years. Despite
cancellation of Jamabandi by this Court and direction for
lodging of FIR against the accused persons, they have
Patna High Court CR. MISC. No.80538 of 2025(3) dt.11-02-2026
2/3
threatened the informant and looted wheat crops, seeking to
forcibly usurp the land.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 21.09.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. There is land dispute between the parties and the matter is
civil dispute between the parties. There is no specific allegation
against the petitioner. It is mainly submitted that similarly
situated co-accused has been granted anticipatory bail by a Co-
ordinate Bench of this Court vide order dated 13.10.2025,
passed in Cr. Misc. No. 58917 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and claim based
on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.80538 of 2025(3) dt.11-02-2026
3/3
below/concerned Court in connection with Chautham P.S. Case
No. 100 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.