Abhay Kumar Sinha @ Dr. Abhay Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35638 of 2026 Arising Out of PS. Case No.-147 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== 1.
Abhay Kumar Sinha @ Dr. Abhay Kumar Sinha S/o Late Nawal Kishor Sinha @ Late Ram Nagina Prasad Sinha Resident of House No. 24, Vijay Shanti Aashrey, Aanandpuri, P.S.- Shri Krishnapuri, District- Patna, Bihar 2.
Dev Kumar @ Dev S/o Halkhori Shah Resident of House No. 24, Vijay Shanti Aashrey, Aanandpuri, P.S.- Shri Krishnapuri, District- Patna, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Satyendra kumar singh s/o late ramashish singh R/o C.D.A colony P.S shastrinagar Dist-Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Adv For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-07-2026 Heard the parties.
2. Both petitioners are named in the F.I.R. and apprehending their arrest in connection with S.K. Puri P.S. Case No.147/2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 327, 384, 504 and 506 of the Indian Penal Code.
3. The allegation against both petitioners is to demand extortion money of Rs. 5 Crores against handling of peaceful possession of land, which otherwise belongs to the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that primarily disputes between the parties appears civil in nature, therefore, the lodging of present criminal case is completely un-occasioned and unwarranted. It is pointed out that
Patna High Court CR. MISC. No.35638 of 2026(3) dt.23-07-2026 2/3 petitioner no. 1 is the husband of one Neetu Sinha, who is the own sister of Shandhaya Chaudhary, for whom the informant is the caretaker. It is further submitted that in the year 2019 wife of petitioner no. 1 filed a Partition Suit No. 03/2019 before the court of learned Sub-Judge-IX, Patna, for the partition of their ancestral property, after death of father, where Shandhaya Chaudhary is also one of the defendant being own sister and for that reason in 2022, Shandhaya Chaudhary herself or on behalf of her caretaker lodged almost eight criminal cases either against petitioner no. 1 or his wife Neetu Sinha or his caretaker. It is submitted that two criminal cases were lodged in the year 2024. It is further submitted that all such lodging of criminal cases categorically suggest that same were lodged out of oblique motive just with harassing attitude to settle personal vengeance with petitioner no. 1 and his wife, who is one of the co-parcener.
5. Explaining further, it is submitted that in one case i.e., S.K. Puri Case No. 127/2022 police after investigation submitted closure report against petitioners saying dispute as land dispute, therefore, effectively petitioners found involved in nine more criminal cases for the present, where they are on bail.
6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that husband of petitioner is bedridden due to paralysis. It is pointed out that there is no male members in the family and two daughters of Shandhaya
Patna High Court CR. MISC. No.35638 of 2026(3) dt.23-07-2026 3/3 Chaudhary are living abroad and taking advantage of all such situation, the informant hired goons regularly disturbing the peaceful possession of the property, which belongs to the informant, which already came to her share in the year 2000. In support of this submissions, learned counsel for the informant relied upon the Annexure-R/B of his counter affidavit dated 20.07.2026.
7. It is also submitted that the injunction order was passed in Partition Suit No. 03/2019 with consent of the parties, but informant is not honoring his own statement given before court of law, for passing the order of injunction.
8. Let it be so, as disputes between the parties primarily due to partition dispute of the ancestral property for which the partition suit is pending before the competent court as discussed aforesaid, accordingly both above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna Sadar/concerned Court, where the case is pending in connection with S.K. Puri P.S. Case No.147/2024, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T