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Patna High CourtCR. MISC./78982/2025bail granted

Upendra Singh v. The State Of Bihar

2026-02-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78982 of 2025 Arising Out of PS. Case No.-618 Year-2022 Thana- GOPALPUR District- Patna ====================================================== Upendra Singh S/O Late Sadhu Saran Singh Resident of Village- Tetri, Mohanpur, P.S- Gaurichak, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 406, 420, 504, 506, 120(B) of the Indian Penal Code.

3. It is alleged that after taking total consideration amount from informant, this petitioner, in collusion with coaccused Ram Naresh Rai, duped the informant on the basis of forged power of attorney and by impersonation executed saledeed in favour of informant and when informant knew this fact and demanded his money, he was abused and threatened by accused persons.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. itself it is apparent that the dispute

Patna High Court CR. MISC. No.78982 of 2025(2) dt.09-02-2026 2/3 between the parties is with respect to sale and purchase of land, for which the informant has got alternative remedies. Moreover, in this case, a title suit, bearing Title Suit No. 472 of 2022, filed by co-accused Ram Naresh Rai and other two persons, is also pending before the court of learned Sub-Judge 1st, Patna. He further submits that co-accused Ram Naresh Rai has already been granted anticipatory bail by this Court, vide order dated 11.07.2024 passed in Cr.Misc. No. 73073 of 2023 (Annexure P/5). Moreover, the dispute is purely of civil nature.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the fact that dispute is purely of civil nature and co-accused Ram Naresh Rai has already been extended the privilege of anticipatory bail, the prayer for anticipatory bail of petitioner is allowed.

7. Accordingly, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner 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 learned J.M. 1st Class, Patna, in connection with Gopalpur P.S. Case No. 618 of 2022, subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.78982 of 2025(2) dt.09-02-2026 3/3 Code of Criminal Procedure / Section 482 of the B.N.S.S. (Prabhat Kumar Singh, J) anay U T