Patna High Court
Rajendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Rajendra Prasad Singh, was arrested on 15 September 2025 in connection with FIR dated 2 March 2024 alleging offences under Sections 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code for executing a purportedly fake sale deed dated 18 December 2002. The informant had earlier filed a title suit (No. 70 of 2023) concerning the same land, which is still pending, and the petitioner argued that the FIR was filed to harass him. The petitioner applied for bail, contending that the charges were baseless and that he had already appeared in the pending title suit. The State opposed bail, maintaining that the sale deed was forged and the petitioner was involved in fraud and criminal conspiracy. The Court, after considering the circumstances, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation with the trial, appearance in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Purnea.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the IPC.
- Whether the FIR constitutes harassment given the pending title suit.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 120(B), 406, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- fraud
- forgery
- criminal conspiracy
- title suit
- harassment
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88555 of 2025
Arising Out of PS. Case No.-210 Year-2024 Thana- KHAJANCHI HAT District- Purnia
======================================================
Rajendra Prasad Singh Son of Late Hira Lal Singh @ Kare Lal Singh R/o
Village - Hariya Bhir(Hariyabhir), Vishanapur, P.S. - Korha, Dist. - Katihar,
At present residing at Line Bazar, P.S. - Shayak, Dist. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Informant : Mr. Subhash Kumar Tiwari, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Dewendra Narayan Singh, learned counsel
for the petitioner, Mr. Subhash Kumar Tiwari, learned counsel for
the Informant and Ms. Nirmala Kumari, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
15.09.2025, in connection with K. Hat P.S. Case No. 210 of 2024,
F.I.R. dated 02.03.2024 registered for the offences punishable
under Sections 406, 420, 467, 468, 471, 120(B) of the Indian Penal
Code.
3. Allegation against the petitioner is that he executed
the sale deed on the basis of alleged fake sale deed No16335 dated
18.12.2002 from the father of the informant.
4. Learned counsel for the petitioner submits that it
appears from the F.I.R. that the informant has instituted the present
Patna High Court CR. MISC. No.88555 of 2025(3) dt.22-01-2026
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F.I.R. in the year 2024 on the basis of the alleged sale deed which
has been executed between the parties on 18.12.2002 after delay of
about 22 years and before lodging the present F.I.R. the informant
has already filed Title Suit No. 70 of 2023 for the same set of land
which is pending for consideration before the competent court of
law and petitioner has already entered appearance through
Vakalatnama and he has filed his written statement in the said Title
Suit and after filing the Title Suit the informnat has filed the
present case on 02.03.2024 only to harrass the petitioner. He
further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 15.09.2025.
5. Learned counsel for the Informant and learned
Additional Public Prosecutor for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the petitioner
executed a sale deed of the alleged purchased land in question on
the basis of fake sale deed No. 16335 dated 18.12.2002 from the
father of the informant namely Late Satyanarayan Dubey in favour
of Ashok Kumar Singh and Others.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.88555 of 2025(3) dt.22-01-2026
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Chief Judicial Magistrate, Purnea in connection with K. Hat P.S.
Case No. 210 of 2024, subject to the following conditions :-
(1) 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 on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
U
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