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Patna High Court

Mithilesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners, Mithilesh Rai and Vicky Kumar, were implicated in a complaint alleging fraud under Section 420 IPC for allegedly selling 400 square feet of land they did not possess to a third party. The complaint arose from a civil title suit concerning land purchased in 1991 by the complainant's wife. The petitioners argued that the criminal complaint was a colourable attempt to press a civil dispute and that the allegation was vague and unfounded. The State opposed bail, asserting the petitioners had indeed sold land without ownership. Considering the nature of the allegation and the pending civil suit, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond and sureties if arrested within four weeks. The order was made under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case alleging fraud under Section 420 IPC.
  • Whether the criminal complaint is a colourable attempt to pursue a civil land dispute.

Legislation cited

Subjects

  • anticipatory bail
  • Section 420 IPC
  • land dispute
  • civil suit
  • criminal complaint
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14571 of 2026
                 Arising Out of PS. Case No.-7550 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Mithilesh Rai Son of Anil Kumar R/o Village - Dudhaila Maner, P.S. -
                  Maner, Dist. - Patna.
           2.    Vicky Kumar @ Vicky Rai Son of Late Raja Ram Singh R/o Village -
                 Dudhaila Maner, P.S. - Maner, Dist. - Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Rajeshwar Prasad Singh Son of Late Chandradip Singh R/o Text Book
                 Colony, Indrapuri Road No. 2A/41, P.S. - Patliputra, Dist. - Patna, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Piyush Tiwari
                 For the Opposite Party/s :     Mr. Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     1. Heard learned Counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Complaint Case No. 7550 of 2024, disclosing

                   offences under Section 420 of the Indian Penal Code.

                                   3. As per the complaint, 1 kattha 8 dhur land

                   situated in plot no. 164, khata no. 119, was purchased by the

                   complainant in the name of his wife in the year 1991 from the

                   father of the petitioners. It has further been alleged that only 1

                   kattha 15 dhur land was available in the share of the petitioners'

                   father, out of which 1 kattha 8 dhur was sold in favor of the
Patna High Court CR. MISC. No.14571 of 2026(2) dt.25-03-2026
                                            2/3




          complainant's wife in 1991. Petitioner nos. 1 and 2 were having

          the knowledge about the same that the father of the petitioners

          was not having sufficient land and sold 400 square feet of land

          in favor of accused no. 3.

                          4. Learned counsel for the petitioners submits that

          the petitioners have falsely been implicated in this case on the

          basis of a concocted and vague allegation made against them.

          The complainant in para 5 of the complaint petition does not say

          that 400 square feet of land which was allegedly sold by the

          petitioners in favor of accused no. 3 belonged to him. A piece of

          land was purchased by the complainant's wife in the year 1991

          and after purchase, they are in possession of the same and rent

          receipt is being issued. However, the complainant has filed a

          title suit bearing Title Suit No. 299 of 2024. The civil dispute

          has been given the color of criminality by the complainant.

                          5. Learned counsel for the state opposes the prayer

          for bail and submits that the petitioners have sold extra land in

          favor of accused no. 3 without having sufficient land in their

          possession.

                          6. Having regard to the submissions made on

          behalf of the parties and taking into consideration the nature of

          allegation and the fact that title suit has already been filed by the
           Patna High Court CR. MISC. No.14571 of 2026(2) dt.25-03-2026
                                                       3/3




                     complainant, I am inclined to grant the petitioners privilege of

                     anticipatory bail.

                                     7. This application is, accordingly, allowed.

                                     8. Let the petitioners, above named, in the event of

                     their arrest or surrender before the Court below within four

                     weeks, be released 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 Additional Chief Judicial

                     Magistrate VIII, Patna, in connection with Complaint Case No.

                     7550 of 2024, subject to the condition laid down under Section

                     438 (2) of the Code of Criminal Procedure/Section 482(2) of the

                     BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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