Patna High Court
Ravindra Kumar @ Ravindra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond and verification of their criminal antecedent.
Summary
The petitioners—Ravindra Kumar, Chhotu Kumar and Usha Devi—applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case registered under IPC sections 467, 468, 471, 420 and 120B relating to alleged fraud and forgery in a land transaction. The prosecution alleged that the petitioners, together with other persons, forged the informant’s signature to obtain land in their names. The petitioners contended they were innocent, that the FIR specifically named other individuals, and that the informant could not produce the documents bearing their signatures. The court examined the allegations, the lack of documentary proof, and the petitioners’ prior criminal cases, and concluded that anticipatory bail could be granted subject to a bail bond and verification of their criminal antecedent. The order directed the petitioners to furnish a Rs 30,000 bail bond each and warned that concealment of any prior offences would lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the BNSS, 2023 despite allegations of fraud and forgery.
- Whether the petitioners’ alleged involvement and prior criminal cases preclude the grant of anticipatory bail.
- Whether the absence of documentary evidence of the petitioners’ signatures affects the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- anticipatory bail
- fraud
- forgery
- land dispute
- Section 482
- BNSS 2023
- IPC
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15379 of 2026
Arising Out of PS. Case No.-1016 Year-2023 Thana- BIHTA District- Patna
======================================================
1. Ravindra Kumar @ Ravindra Rai S/o Vakil Rai R/o Village - Alhanpura,
P.S.- Bihta, District - Patna
2. Chhotu Kumar S/o Vakil Rai R/o Village - Alhanpura, P.S.- Bihta, District -
Patna
3. Usha Devi W/o Vakil Rai R/o Village - Alhanpura, P.S.- Bihta, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-05-2026 Heard learned Counsel for the petitioners, learned
Counsel for the Informant and learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Bihta P.S. Case No. 1016 of 2023, lodged on
18.10.2023, under Sections 467/468/471/420/120B of the
Indian Penal Code.
3. As per the prosecution, the allegation against two
persons, namely, Wakil Rai and Rajesh Kumar (other than the
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present petitioners), who are said to be the Gotiya of the
informant have obtained the land in their name as well as in the
name of others by committing fraud and forgery upon the
informant, due to which the present case has been lodged.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that, on the previous occasion, this Hon’ble Court was
pleased to adjourn the matter on the opposition of the informant,
called for the case diary, and orally directed the petitioners to
show whether they were applicants to the document on which
the informant has alleged that his signature was forged. On
merits, learned counsel submits that although the petitioners are
named in the FIR, the fardbeyan contains specific allegations
only against Wakil Rai and Rajesh Kumar, who are alleged to
have committed fraud. He further submits that the antecedents
of the petitioners are not clean, as two criminal cases have been
alleged against them, in which they are on bail, and disclosure
of the same has been made in the supplementary affidavit filed
by the petitioners.
5. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that the petitioners have
played an active role in the commission of fraud and forgery,
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whereby the land was recorded in the names of the petitioners
and others. He further submits that, in the fardbeyan, it has been
alleged that out of 11 persons, the petitioners are also signatories
to the said application. However, learned counsel fairly submits
that, despite efforts, he is not in a position to produce the said
documents bearing the signatures of the 11 persons, including
those of the present petitioners.
6. Learned APP for the State opposes the prayer for
bail of the petitioners; however, he fairly submits that, from the
case diary, it transpires that the dispute is inter se between
gotiya, wherein one of the gotiya got his name entered in the
land records and subsequently sold the same to others.
7. In this background, let the above named petitioners
be released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) each as mentioned in Section 2(1)(d)
of the BNSS, 2023 to the satisfaction of learned ACJM-II,
Danapur, Patna, in connection with Bihta P.S. Case No. 1016 of
2023, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023.
8. And further condition that the Trial Court shall
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verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./-
U T
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