Brij Mohan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62212 of 2025 Arising Out of PS. Case No.-696 Year-2024 Thana- GARKHA District- Saran ====================================================== 1.
Brij Mohan Singh Son of Late Shiv Pujan Singh R/o - Jigna, P.S - Garkha, District - Saran 2.
Ramlal Sah son of Late Kishun Sah R/o - Jigna, P.S - Garkha, District - Saran 3.
Ram Dayal Paswan Son of Ram Pravesh Paswan R/o - Jigna, P.S - Garkha, District - Saran 4.
Gopal Yadav son of Babulal yadav Village- Majlispur, Ps- Garkha, DistSaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanjay Kumar Singh Son of Late Raj narayan Singh Village- Mathanpura, Ps- Ekma, Dist- Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 338, 336(3), 340(2), 316(2), 318(4) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., the wife of informant was sole daughter and legal heir of her father namely late Shiv Pujan Singh, however, petitioner no. 1, treating himself to be son of late Shiv Pujan Singh, sold land in favour of petitioner no. 2 and
Patna High Court CR. MISC. No.62212 of 2025(2) dt.10-09-2025 2/3 when informant went to the house of petitioner no. 1 to make complain, he was abused and threatened.
4. Learned counsel for the petitioners submits that petitioner no. 1 is seller of the land, whereas petitioner no. 2 is purchaser, petitioner no. 3 is identifier and petitioner no. 4 is witness to the sale-deed. He next submits that late Shiv Pujan Singh had adopted petitioner, as his son, and thereafter, in all the documents, in respect of petitioner no.1, Shiv Pujan Singh was shown to be his father. Subsequently, due to illness Shiv Pujan Singh took voluntary retirement and on his request, petitioner no. 1 was appointed in the concerned department on compassionate ground. He further submits that petitioner no. 1 sold the land of his own share and he has left the share of his sister (wife of informant). Moreover, the dispute is purely of civil nature. The wife of informant (sister of petitioner) has also filed a title suit, vide Title Suit No. 1040 of 2024, which is pending in the court of learned Sub Judge 7th, Saran at Chapra.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the nature of dispute, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on
Patna High Court CR. MISC. No.62212 of 2025(2) dt.10-09-2025 3/3 furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IV, Saran at Chapra in connection with Garkha P.S. Case No. 696 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) anay U T