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Patna High Court

Ashok RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, three residents of Lagma village, applied for anticipatory bail after being implicated in a criminal case registered under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that they fraudulently acquired land belonging to an informant by using forged documents. The petitioners contended that they are bona‑fide purchasers, that the dispute is essentially civil, and that a title suit is already pending. The State and the informant opposed the bail, arguing that the petitioners knowingly purchased the land despite its ownership by the informant. The Court examined the nature of the allegations, the pending civil suit, and the petitioners' willingness to cooperate, and decided to grant anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, with the condition that they surrender within six weeks and comply with Section 482(2) of the B.N.S. 2023. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged land fraud and pending civil suit.

Legislation cited

Subjects

  • anticipatory bail
  • land fraud
  • forgery
  • civil suit
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13960 of 2026
                   Arising Out of PS. Case No.-193 Year-2025 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
           1.     Ashok Ray S/o Ujagar Ray, Resident of Village - Lagma, P.S- Ghatho,
                  District - Samastipur.
           2.    Rajnish Kumar S/o Munilal Ray, Resident of Village - Lagma, P.S- Ghatho,
                 District - Samastipur.
           3.    Devendra Ray @ Devendra Rai S/o Kameshwri Ray @ Kameshwar Ray,
                 Resident of Village - Lagma, P.S- Ghatho, District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Alok Kumar Sinha, Advocate
                 For the State           :        Ms. Asha Devi, APP
                 For the Informant       :        Mr. Ramesh Kumar Choudhary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   06-05-2026              Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                            2. The petitioners apprehend their arrest in a case

                   registered under Sections 318(4), 338, 336(3), 340(2) and 3(5)

                   of the B.N.S.

                            3. The allegation against the petitioners is that they along

                   with other accused persons got the land of informant, in

                   question, registered fraudulently by creating forged documents.

                            4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in this

                   case. After proper verification of documents, the land in
Patna High Court CR. MISC. No.13960 of 2026(3) dt.06-05-2026
                                            2/3




          question was purchased by the petitioners. Petitioners are

          bonafide purchasers and no case is made out against them. He

          further submits that the dispute relates to civil nature and

          petitioners have already filed a suit bearing Title Suit No.275 of

          2025. Petitioner nos. 1 and 3 have no criminal antecedent and

          petitioner no.2 has one criminal antecedent in which he is on

          bail. The petitioners undertake to cooperate in the investigation

          and the trial.

                  5. Learned counsel for the informant and learned A.P.P.

          for the State oppose the prayer for anticipatory bail of

          petitioners by contending that despite the knowledge that the

          land in question belongs to the informant, petitioners had

          purchased the said land.

                  6. Considering the facts and circumstances of the case,

          submissions of learned counsel for the parties, nature of

          allegation against the petitioners as well as the fact that a title

          suit is going on between the parties,                in the event of arrest or

          surrender before the Court below within six weeks from today,

          the petitioners be released on bail on furnishing bail bonds of

          Rs.10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Samastipur in connection with Samastipur Town
           Patna High Court CR. MISC. No.13960 of 2026(3) dt.06-05-2026
                                                       3/3




                     P.S. Case No.193 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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