Patna High Court
Jitendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Jitendra Chaudhary, a former Upsarpanch, applied for anticipatory bail in a case alleging offences under Sections 406, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code, relating to alleged forgery, cheating, conspiracy and breach of trust. The prosecution alleged that a judicial order had been forged and that the petitioner was involved, but no material was produced linking him to the preparation or use of the forged document. The petitioner contended that the allegations were vague, he had no custodial role over the order, and he possessed a clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the lack of specific evidence against the petitioner and his clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the evidence on record
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 80
- Indian Penal Code — s. 120(B), 34, 406, 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- cheating
- conspiracy
- IPC
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2852 of 2026
Arising Out of PS. Case No.-290 Year-2023 Thana- COMPLAINT CASE - BENIPATTI
District- Madhubani
======================================================
Jitendra Chaudhary S/O Shailendra Chaudhary Resident of Village-Chanhuta,
Police Station- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nand Lal Mishra S/O Bhagya Narayan Mishra R/O Village- Chanhuta, P.S-
Bisfi, Distt.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 07-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 406, 420, 467, 468, 471,
120(B)/34 of the Indian Penal Code.
3. Prosecution case, in brief, is that case no. 03/2010-
2011 was decided on 19.10.2010 against whom a case no.
41/2022, filed by Vikram Mishra which was rejected on
10.12.2022 confirming the order dated 20.10.2010 but under
conspiracy in the decided case no. 41 of 2022, order-sheet was
changed and a new order was forged with reverse result by the
accused persons. Thereafter, notice under section 80 Cr.P.C. was
issued but the reply was not satisfactory so the case was filed
Patna High Court CR. MISC. No.2852 of 2026(5) dt.07-05-2026
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regarding the offence of cheating, forgery, conspiracy and
breach of trust committed by all the accused persons to cause
damage to the complainant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
who was Upsarpanch and was not the author/custodian of the
judicial order, alleged to be forged. Allegation are vague and
omnibus. There is no material available on record to show that
this petitioner prepared, altered or used any forged document.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, 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 Chief Judicial Magistrate-I,
Benipatti, Madhubani, in connection with Benipatti
(Madhubani) Complaint Case No. 290 of 2023, subject to
condition as laid down under Section 482(2) of the Bharatiya
Patna High Court CR. MISC. No.2852 of 2026(5) dt.07-05-2026
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Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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