Created by Fuzzy Cloud

Patna High Court

Yasoverdhan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Petitioner Yashovardhan Singh sought anticipatory bail after being implicated in an FIR alleging fraud under IPC sections 420, 467, 468 and 471 relating to a disputed land transaction. The prosecution’s case described a complex scheme involving Baibhav Kumar, Manoj Yadav and others, but did not specifically allege any wrongdoing by the petitioner. The petitioner, represented by Mr. Bajarangi Lal, asserted his innocence, lack of criminal antecedent and that the matter was essentially a civil dispute. The State, through its A.P.P., opposed the bail. The court, noting the absence of a specific allegation against the petitioner and the prima facie civil nature of the dispute, exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail subject to standard conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
  • Whether the FIR discloses a criminal offence against the petitioner or merely a civil dispute.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • land dispute
  • IPC 420
  • IPC 467
  • IPC 468
  • IPC 471
  • civil dispute
  • Section 482
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91895 of 2025
                        Arising Out of PS. Case No.-310 Year-2024 Thana- ARARIA District- Araria
                 ======================================================
                 Yasoverdhan Singh Son of Late Anand Singh @ Abhay Singh R/o Village -
                 Tamghatti Ward no. 1, P.S. - Bausi Basaiti, Raniganj, Dist. - Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Baibhav Kumar Son of Dilip Kumar Choudhary R/o Shivpuri Ward no. 09,
                 P.O., P.S. and Dist. - Araria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bajarangi Lal
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 420, 467, 468 and 471

                   of the Indian Penal Code.

                                3. The prosecution story, in brief, is that one Baibhaw

                   Kumar, aged about 25 years, claiming himself as a practicing

                   advocate of the Hon'ble Delhi High court has lodged a written

                   information before the SHO, Araria PS on 06-06-2024 alleging

                   therein that after retirement father of the informant Mr. Dilip

                   Kumar Choudhary contacted a broker to buy land in name of his

                   mother Mrs. Pramila Devi from his retirement amount. And he
Patna High Court CR. MISC. No.91895 of 2025(2) dt.15-01-2026
                                            2/4




          came to contact of one Manoj Yadav, age-30 years, father

          Bhunveshwar Yaday Jaiprakash nagar, Ward No. 07, Araria who

          for preparation of sale deed for one acre land of Mouza,

          Chhatiyuna, Khata-62, Khesra-235 area made him contact with

          Yashovardhan Singh age-46 years father Abhay Singh village

          Samthatti Dhana Rani-ganj Araria and by getting the deal done,

          took Rs.1,70,000/-one thousand rupees as stamp fee in cash and

          took five lakh rupees for himself and got Rs.-12,00,000/- twelve

          lakh rupees delivered to the land owner through cheque, but at

          the time of registration in District Registration Office Araria, it

          came into light the said land is of Red card, as a result the

          registration of land could not be done, It is further alleged that

          immediately thereafter requested for refund of money, but they

          clearly refused to return the money and said that they would

          give another piece of good land in exchange of said land; and

          despite his protest, they took additional Rs.. 1,20,000/- one lakh

          twenty thousand rupees as stamp duty and executed two lands

          through Sale deed No.5051 and 5052, the first land in Mouza

          Pahusra Raniganj Khata-497, Khasra-3040 area one acre and the

          2nd land measuring 81-D, in mouza chhatiauna, Raniganj Araria

          Khata-70 Khasra-262-12.3 D, 236-39.5, D 228-29D with

          dishonest intention but later it was found out that both lands are
Patna High Court CR. MISC. No.91895 of 2025(2) dt.15-01-2026
                                            3/4




          disputed, first land is less in area and the second land is under

          the Sikmidar due to which mutation was rejected. Not only this,

          Manoj Yadav has transferred half of 81-D land to his friend

          Thakur Yashwant Pratap Singh S/o Lalit Singh village Sonauli

          po-lice station Kadwa, District-Katihar, which has not been re-

          turned till date despite repeated requests. In this way it is clear

          that Manoj Yadav has cheated and betrayed the informant by

          making fake documents and took money by deceit. Also, Manoj

          Yadav got delivered Rs.2,15,000/-for another land in Mouza

          Kharhat, Khata-136, Khesra-1826, Area 14,500 D to Pritam

          Kumar Mandal through cheque by saying that the first two lands

          are disputed, and after selling them he will get us a new land

          which is undisputed. It is alleged that this incident is dated- 28-

          03-23 and 17-04-2023 and due to procrastination, the delay

          occurred. And hence informant requested to take appropriate

          action by lodging FIR.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case.       He further submits that the petitioner has no

          criminal antecedent and no specific allegation is made against

          the petitioner.

                       5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.91895 of 2025(2) dt.15-01-2026
                                                        4/4




                      anticipatory bail of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and the fact that the petitioner has no criminal

                      antecedent and prima facie reading of the F.I.R., it appears to be

                      a case of civil dispute between the parties and there is no

                      specific allegation made against the petitioner in question, I am

                      inclined to grant privilege of anticipatory bail to the petitioner.

                                   7. Let the petitioner, as named above, in the event of

                      his arrest or surrender within four weeks from today, be

                      enlarged 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 the learned Chief Judicial Magistrate, Araria, in

                      connection with Araria P.S. Case No. 310 of 2024,             subject to

                      the conditions laid down under section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023.



                                                                      (Alok Kumar Sinha, J)
sanjeev/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.