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Patna High Court

Tiwari RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to prescribed conditions, under Section 482(2) of the CrPC.

Summary

The petitioners, Tiwari Ray and Kanchan Rai, sought anticipatory bail fearing arrest in a land‑sale fraud case (Dhaka P.S. Case No. 483 of 2023) involving alleged violations of IPC sections 420, 467, 468, 471 and 34. The prosecution alleged that the petitioners conspired with vendors and witnesses to illegally sell a portion of land originally purchased by the informant’s grandfather. The petitioners contended they were innocent, that the dispute was purely civil, and that the FIR was lodged a month after the sale deed; they also pointed out that all other co‑accused had already been granted anticipatory bail. The Additional Public Prosecutor opposed the bail. Considering the facts, the co‑accused’s bail status, and the civil nature of the dispute, the court granted anticipatory bail to the petitioners, subject to a Rs 10,000 bond, two sureties, and conditions under Section 482(2) of the CrPC, including appearance before the trial court and non‑tampering with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Code of Criminal Procedure in view of the alleged offences under the IPC.
  • Whether the matter is a civil dispute and thus not warranting criminal prosecution.

Legislation cited

Subjects

  • anticipatory bail
  • land sale fraud
  • Indian Penal Code
  • Section 482 CrPC
  • civil dispute
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11963 of 2026
                    Arising Out of PS. Case No.-483 Year-2023 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Tiwari Ray Son of Late Dhuri Rai Resident of village - Sapgadha, P.S.-
                  Chiraiya, District - East Champaran
           2.    Kanchan Rai Son of Late Dhuri Rai Resident of village - Sapgadha, P.S.-
                 Chiraiya, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Adv.
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   18-05-2026                  Heard Mr. Manoj Kumar, learned counsel for the

                   petitioners and Mr. Jharkhandi Upadhyay, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Dhaka P.S. Case No. 483 of 2023 dated

                   23.08.2023 for the offences punishable under Sections 420, 467,

                   468, 471/34 of the Indian Penal Code.

                               3.     That the prosecution case, in brief, is that the

                   informant’s grandfather had purchased 05 Katha 02 Dhur of

                   land appertaining to Khata No. 31, Plot No. 1259 vide Sale

                   Deed No. 3657 dated 24.04.1951, and thereafter, 04 Katha 10

                   Dhur of the said land was allegedly sold illegally by Md.
Patna High Court CR. MISC. No.11963 of 2026(3) dt.18-05-2026
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          Majahrul Haque, Md. Muslim and Nasima Khatoon to eight

          persons, including the petitioners, vide Sale Deed No. 6330

          dated 21.07.2023 in conspiracy with the vendors, vendees and

          witnesses.

                      4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence as

          alleged in the F.I.R. It is submitted that the petitioner no.2 has

          no antecedent while petitioner no.1 has four antecedents and, in

          all of them, he is on bail. Counsel for the petitioners further

          submits that the petitioners and six others had purchased the

          land from the accused and other accused were witnesses of the

          sale deed and it appears that the present F.I.R. was lodged after

          one month of the execution of sale deed. Learned counsel for

          the petitioners further submits that the present dispute is purely

          civil in nature and the informant has the remedy under the law.

          Counsel for the petitioners lastly submits that all the co-accused

          persons except the petitioners have already been granted

          privilege of anticipatory bail by the Co-ordinate Bench of this

          Court vide order dated 14.07.2025 passed in Cr. Misc. No.

          77267 of 2024.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the
Patna High Court CR. MISC. No.11963 of 2026(3) dt.18-05-2026
                                             3/4




          petitioners.

                        6. Having heard learned counsel for the parties and

          considering the aforesaid facts and circumstances of the case as

          also the fact that the co-accused persons have already been

          granted privilege of anticipatory bail by a Co-ordinate Bench of

          this Court, let the above named petitioners, be released on bail,

          in the event of their arrest or surrender before the learned Court

          below within a period of four weeks from today, on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East

          Champaran in connection with Dhaka P.S. Case No. 483 of

          2023, subject to the conditions as laid down under Section

          482(2) of the B.N.S.S. as well as the following conditions:

                  (i)    One     of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner(s) shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of their

          bail bond by the Trial Court itself;

                  (iii) the petitioner(s) shall in no way try to induce or
              Patna High Court CR. MISC. No.11963 of 2026(3) dt.18-05-2026
                                                          4/4




                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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