Patna High Court
Yasoverdhan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 420, 467, 468, 471
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
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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
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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
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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)
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