Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13455 of 2026 Arising Out of PS. Case No.-935 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Anil Kumar Singh S/O Late Nand Lal Singh Resident of Village - Ajgari, P.S. - Banjariya, District - East Champaran 2.

Om Prakash Kumar @ Om Kumar Son of Anil Kumar Singh Resident of Village - Ajgari, P.S. - Banjariya, District - East Champaran 3.

Pramila Devi Wife of Santosh Kumar Resident of Village- Ajgari Chudiharwa Tola, P.S.- Banjariya, District- East Champaran. 4.

Sunil Kumar @ Sunil Sah Son of Nathuni Sah Resident of Village- Ajgari Chudiharwa Tola, P.S.- Banjariya, District- East Champaran. 5.

Basudev Sah Son of Mohan Sah Resident of Village- Panditpur, P.S.- Piprakothi, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Town P.S. Case No. 935 of 2022 for the offence under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. As per the prosecution story, the informant has alleged that on 20.11.2022 at about 8:00 A.M., his brother

2/4 Anil Kumar Singh threatened him, stating that he had sold his share of land bearing khata No. 366, Khesra No. 699, situated at Mauja Ajgari, and would usurp the remaining land. On verification at the Registration Office, Motihari, he found that on 15.11.2022 his brother had executed two registered sale deeds (Doc. Nos. 17355 and 17357) in favour of Pramila Devi and Basudev Sah, respectively, with the involvement of witnesses and an identifier, despite having no ownership over his share. The certified copies obtained on 22.11.2022 revealed that the accused persons, by hatching a criminal conspiracy, sold his land.

4. At the outset learned counsel for the petitioners submits that during the pendency of the present application, petitioner no. 1 namely Anil Kumar Singh, has been arrested and he seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 1.

5. Permission is accorded.

6. Accordingly the anticipatory bail application with respect to petitioner no. 1 namely, Anil Kumar Singh stands dismissed as withdrawn.

7. So far as rest petitioners are concerned, learned

3/4 counsel for the petitioners submits that petitioners are innocent and have committed no offence rather they have falsely been implicated in the present case due to land dispute and ulterior motive. Petitioner no. 1 is bonafide seller and the petitioner nos. 3 and 5 are purchaser whereas petitioner nos. 2 and 4 are witness and identifier. Learned counsel further submits that jamabandi has also been created in favour of petitioner no. 3 and 5 and they are also paying the rent. The dispute in question is purely of civil nature and there is remedy available before the Court of competent Civil jurisdiction.

8. Learned APP opposes the prayer for bail.

9. Keeping in view the aforesaid facts, this Court is inclined to extend them the privilege of anticipatory bail.

10. Let the petitioner nos. 2, 3, 4 and 5 be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Town P.S. Case No. 935 of

4/4 2022 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioners. (S. B. Pd. Singh, J) Ankit Kumar/- U