Rampratap Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57410 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Rampratap Singh S/o Late Dwarika Singh R/o Village- Bahuarwa, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritwik Thakur , Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 318 ( 4 ), 308 ( 2 ), 351 ( 2 ) and 3 (5) o BNS.
3 . The prosecution case , in brief, is that informant namely , Nandan Kumar has got the land measuring 55 decimal, Khata no. 227 and Khesra No. 1864 registered in his name and he is in peaceful possession since last 25 years. It is alleged that this petitioner along with other co-accused persons with the help of Mafia were forcibly pressurizing informant to sell his land and upon protest, this petitioner threatened to capture his land
Patna High Court CR. MISC. No.57410 of 2025(2) dt.02-09-2025 2/3 and to kill him and his family members. It is further alleged that one Pitambar Agarwal and Damodar Prasad Agarwal who died leaving behind their wives namely Sudha and Parvati, who executed, forged sale deed on 17.09.2024 in which persons namely Shailendra Singh and Harshit Kumar were witnesses.
4. It is submitted on behalf of the petitioners that as per F.I.R. the alleged sale deed was executed on 17.09.2024 and petitioners side allegedly ploughed the aforesaid land on 11.11.2024 but the present F.I.R. has been lodged on 01.04.2025 i. e ,. after the delay of more than 5 months for which there is no plausible explanation which itself creates doubt over the entire prosecution case . Petitioner has got absolutely no concern with the land in question . He is neither purchaser nor witness nor identifier in the alleged sale deed. Accused persons have got the sale deed executed in their favour from the wives of the brother of one Thaukur Prasad. It is not the case of the prosecution that any deed was executed by impersonating or by forged signatures. The land in question was registered after payment of entire consideration money . The dispute involved in this case is with regard to sale and purchase of land which is purely civil in nature .
5 . Learned counsel for the State opposed the bail
Patna High Court CR. MISC. No.57410 of 2025(2) dt.02-09-2025 3/3 petition .
6 Considering the delay in lodging the F.I.R. , nature of accusation , also the fact that petitioner is neither purchaser nor identifier or witness to the alleged sale deed and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Bettiah West Champaran in connection with Manjhaulia P.S. Case No. 193 of 2025 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T