Patna High Court
Maruti MayankversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner’s implication is only on suspicion and granted bail.
Summary
The petitioner, Maruti Mayank, was implicated in a FIR alleging offences under Sections 419, 420, 467, 468, 471 and 120(B) of the IPC for a fraudulent sale of land belonging to an informant. He contended that the Rs. 14 lakh he received from co‑accused Saiyad Hassan was from an independent business transaction and unrelated to the alleged crime, and that the registrar had cancelled the sale deed and the purchaser had waived any claim. The prosecution argued that the receipt of the money and the petitioner’s role as an identifier of the accused’s bank account raised suspicion, and that the investigation was ongoing. The court observed that the core dispute was civil in nature and that the petitioner’s involvement was only prima facie suspicion, not proven guilt. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- What is the appropriate basis for granting bail to the petitioner in view of the alleged IPC offences?
- Whether the civil nature of the land dispute precludes the petitioner’s criminal liability?
- Whether the suspicion arising from the receipt of Rs. 14 lakh is sufficient to deny bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 120B, 419, 420, 467, 468, 471
Subjects
- bail
- impersonation
- land sale
- civil dispute
- IPC offences
- suspicion
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15333 of 2025
Arising Out of PS. Case No.-628 Year-2023 Thana- GANDHIMAIDAN District- Patna
======================================================
Maruti Mayank S/O Dr. (Professor) Lakshmikant Sahay, Resident of Mohalla-
Sahmir Takia, P.S.- Civil Lines, District- Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Mussarat Jahan D/O Syed Hasan R/O Road No. 1C, White House
Compound, Gaya, P.S.- Rampur, Distt.- Gaya- 823001.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Narayan, Sr. Advocate
Mr.Nawal Kishore Singh, Advocate
Mr. Nawal Kishore Singh, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
For the Informant : Mr. Dhananjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
10 12-01-2026 Heard learned senior counsel appearing on behalf of the
petitioner, learned Additional Public Prosecutor appearing on
behalf of the State and learned counsel appearing for the
informant.
2. The accused/petitioner apprehending his arrest in
connection with Gandhi Maidan P.S. Case No. 628 of 2023
registered for the offences punishable under Sections 419, 420,
467, 468, 471 and 120(B) of the Indian Penal Code.
3. As per FIR, named co-accused persons executed a
piece of land belongs to the informant by way of impersonation
before Registrar.
4. It is submitted by Mr. Rajendra Narayan, learned
Patna High Court CR. MISC. No.15333 of 2025(10) dt.12-01-2026
2/4
senior counsel appearing on behalf of the petitioner that the name
of this petitioner transpired during the course of investigation as
Rs. 14 lacs appears transferred to the account of this petitioner
from the account of named co-accused, namely Saiyad Hassan,
who sold the land of the informant by way of impersonation. It is
submitted that realizing the mistake, the concerned Registrar
cancelled the sale deed and even the purchaser also waived their
claim over the land in question. In support of his submission, Mr.
Narayan drawn attention of this Court towards Cr. Misc. No.
64771 of 2024 through which, one of the purchaser, namely, Md.
Tarique Khan was granted bail by one of the learned co-ordinate
Bench of this Court vide order dated 10.01.2025.
5. Arguing further, it is submitted by Mr. Narayan that
this petitioner received Rs. 14 lacs from named accused Saiyad
Hassan, out of his own independent business deal, having no
connection with present alleged offence. It is submitted that as the
main accused Saiyad Hassan was the tenant of this petitioner and
as he was also one of the identifier of the bank account in the
capacity of landlord, he was implicated with present case without
any cogent material. In support of this submission, Mr. Narayan
drawn attention of this Court towards paragraph no. 191 of the
case diary. While concluding argument, it is submitted that
Patna High Court CR. MISC. No.15333 of 2025(10) dt.12-01-2026
3/4
petitioner claimed clean antecedent.
6. Learned APP, duly assisted by learned counsel Mr.
Dhananjay Kumar, appearing on behalf of the informant, while
opposing the prayer of bail submitted that there is a strong
suspicion against petitioner as he received Rs. 14 lacs from the
account of the main accused Saiyad Hassan, what he received
from the different purchasers. It is also pointed out that being
identifier of main co-accused while opening his bank account in
which alleged amount was received cast further doubt on
petitioner. It is submitted that investigation of this case is still
open.
7. Arguing further, learned counsel for the informant
pointed out that taking U-turn from their submission, the
purchaser now claimed over the land and the land in issue was
mutated in their favour by revenue authority considering the
reason that sale deed could not be cancelled by concerned
Registrar. It is submitted that a separate title suit was filed before
the concerned civil court of Patna for cancellation of sale deed by
the informant.
8. Taking note of all the aforesaid submissions, it
appears that the disputes between the parties are primarily civil in
nature, where the thrust of allegation is available against named
Patna High Court CR. MISC. No.15333 of 2025(10) dt.12-01-2026
4/4
co-accused Saiyad Hassan, where prima facie the implication of
this petitioner appears out of suspicion as discussd aforesaid,
accordingly, above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M.,
Patna/concerned Court, where the case is pending in connection
with Gandhi Maidan P.S. Case No. 628 of 2023 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…