IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16288 of 2026 Arising Out of PS. Case No.-106 Year-2025 Thana- Piplawa District- Patna ====================================================== 1. Arvind Kumar@ Arvind Sharma S/O Badri Singh R/O Village- Faridapura, P.S.- Piplawan, District- Patna 2. Vimala @ Vimala Devi W/O Arvind Kumar R/O Village- Faridapura, P.S.- Piplawan, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16357 of 2026 Arising Out of PS. Case No.-106 Year-2025 Thana- Piplawa District- Patna ====================================================== Badri Singh S/o Late Khelawan Singh R/o Village- Faridapura, P.S.- Piplawan, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 16288 of 2026) For the Petitioner/s : Mr. Vinay Mistry, Adv. For the Opposite Party/s : Mr. Satendra Narayan Singh, APP For the O.P. No. 2 : Mr. Purushotam Sharma, Adv. (In CRIMINAL MISCELLANEOUS No. 16357 of 2026) For the Petitioner/s : Mr. Vinay Mistry, Adv. For the Opposite Party/s : Mr. Satendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 24-06-2026 Re: Cr. Misc. No. 16357 of 2026 At the outset, Mr. Vinay Mistry, learned Advocate for the petitioner informed this Court that during the pendency of the present application, the petitioner (Badri Singh) died and, as such, the present application has become infructuous. Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026 2/5 2. In view of the aforesaid facts, the present application stands dismissed, having become infructuous. 3. Learned Advocate for the State and the informant are present. Re: Cr. Misc. No. 16288 of 2026 4. Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 5. The petitioners are apprehending their arrest in connection with Piplawan P.S. Case No. 106 of 2025, registered for the offences punishable under Sections 115(1), 118(1), 318(2), 119(2), 337, 338, 336(3), 351(2)(3) and 3(5) of the B.N.S., 2023. 6. Based upon the complaint case, which later on sent to the concerned Police Station, an FIR has been instituted with an allegation that on 31.05.2014, a Khangi partition took place between the father of the complainant-informant, namely, Late Dwarika Prasad Singh with his eldest uncle Sri Badri Singh and younger uncle Sri Chandrika Singh. After partition, all the parties had come in peaceful possession of their respective shares. Subsequently the complainant-informant, on account of illness, started living in Patna, and taking advantage of the same, the petitioners in connivance with each other and the land Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026 3/5 grabbers prepared forged and fabricated partition deed and fraudulently got the land revenue receipts and thereafter, sold the land illegally. 7. Learned Advocate for the petitioners submitted that the complainant-informant is the cousin of the petitioner no. 1 and they admitted this fact that after Khangi partition, they have been coming in their peaceful possession of their respective shares. In order to resolve the dispute, the complainant- informant has also filed Title Suit No. 143 of 2020 before the learned Sub-Judge – 1, Danapur by making the petitioner no. 1 and Chandrika Singh as defendants. The complainant-informant has also filed petition under Order-39, Rule – 1 & 2 of the Code of Civil Procedure, 1908 but the same was rejected vide order dated 08.12.2022. The prayer for cancellation of Jamabandi has also been turned down by the learned Additional Collector, Patna vide order dated 30.07.2024. To support the aforesaid contention, the order has been placed on record as Annexure- P/2. It is lastly contended that even if the allegation is taken at their face value, prima facie, it appears to be predominantly civil in nature and the present case is nothing, but mala fide more to settle the score. 8. On the other hand, learned Advocate for the State Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026 4/5 and the informant opposed the pre-arrest bail application and submit that during the course of investigation, the Investigating Officer has found that the petitioners in connivance with land grabbers have prepared a forged and fabricated batwaranama and based upon which, they have sold the land and, as such, prima facie, the involvement of the petitioners have found in misappropriating and grabbing the land of the petitioners in fraudulent manner. It is further contended that the petitioners have also manipulated the public documents and, as such, they do not deserve the privilege of anticipatory bail. 9. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the allegation levelled in the FIR, where no specific instance or particulars of the land has been mentioned, besides the accusation appears to be predominantly civil in nature, coupled with the fact that the complainant-informant has also filed a title suit, which is pending consideration before the Civil Court of competent jurisdiction and the petitioners are carrying fair antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail Patna High Court CR. MISC. No.16288 of 2026(4) dt.24-06-2026 5/5 bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Piplawan P.S. Case No. 106 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. shivank/- (Harish Kumar, J) U T