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Patna High Court

Trivikram Narain Pathak @ Trivikram Narayan PathakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, finding that the matter is essentially a civil dispute and that bail is appropriate.

Summary

The petitioner, Trivikram Narain Pathak, sought anticipatory bail fearing arrest in a case registered under Sections 318(4), 336(2), 336(3) and 340(2) of the Indian Penal Code for alleged fraud and forgery relating to his residence, Aadhar, PAN and voter ID documents. The prosecution alleged that he had fraudulently entered his uncle's name in these documents to execute sale deeds without title. The petitioner contended that he is the legitimate heir of his father Narsingh Pathak, that the documents correctly state his father's name, and that the dispute over land shares is a civil matter arising from family partition, not a criminal offence. He also claimed the case was filed by the informant to intimidate him and that he had previously lodged a complaint against the informant for encroachment. The State and the informant opposed the bail. Considering the nature of the dispute and the lack of clear criminal intent, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear before the Judicial Magistrate within eight weeks, subject to Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 318, 336 and 340 of the IPC.
  • Whether the allegations of fraud and forgery constitute a cognizable offence justifying arrest.
  • Whether the underlying dispute is civil in nature, thereby affecting the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • forgery
  • property dispute
  • civil vs criminal
  • Section 318 IPC
  • Section 336 IPC
  • Section 340 IPC
  • Section 482 CrPC
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1554 of 2026
                         Arising Out of PS. Case No.-550 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Trivikram Narain Pathak @ Trivikram Narayan Pathak S/o- Late Narsingh
                 Pathak R/v- Rashtogi Mohalla Ballupar, Tiwari Tola W.No-9, Po- Maner, Ps-
                 Maner Dist- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Ravi Raushan S/O Late Dharamdutt Pathak R/O Rastogi Mohalla, Ballupar,
                 Maner, Ward No-9, PS-Maner, District-Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Md. Helal Ahmad, Advocate
                 For the State            :        Mr. Yogendra Kumar, APP
                 For the Informant        :        Mr. Jitendra Narain Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 318(4),

                   336(2), 336(3) and 340(2) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner committed fraud and forgery in his residence

                   certificate, aadhar card, PAN card and voter identity card by

                   wrongly entering the name of his elder uncle, late Narsingh
Patna High Court CR. MISC. No.1554 of 2026(3) dt.06-04-2026
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          Pathak, instead of his father, namely late Sitaram Pathak and on

          that basis, this petitioner executed several sale deeds without

          having right, title or possession over the land.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, petitioner is the only

          surviving son of late Narsingh Pathak, which would be evident

          from bare perusal of the family tree issued under the Notarial

          Certificate No. 10289 dated 10.12.2025 wherein father of this

          petitioner is clearly mentioned as Narsingh Pathak. Also, in the

          Aadhar card, PAN card and Voter ID card of this petitioner, the

          name of father is mentioned as Narsingh Pathak. Prior to death

          of Sitaram Pathak, the entire family property was divided into

          two shares out of which one was allotted to this petitioner

          devolved to him from his father, namely late Narsingh Pathak,

          while another half was partitioned between Vachaspati Pathak

          and Dharamdutt Pathak (informant’s father), who were sons of

          late Sitaram Pathak. After death of Sitaram Pathak in the year

          2023, informant, who happens to be grandson of late Sitaram

          Pathak, with ulterior motive to grab the land of this petitioner,

          divided the entire family property into three parts and

          fraudulently got his name inserted into the land records and
Patna High Court CR. MISC. No.1554 of 2026(3) dt.06-04-2026
                                            3/4




          even illegally got rent receipts issued in his name for which, this

          petitioner sent multiple applications to the Circle Officer, Patna

          regarding illegal rent receipts being issued in the name of

          informant and his brother. In reality, the petitioner is entitled to

          the share of his father, namely late Narsingh Pathak, which

          would be half share of the ancestral property while informant is

          entitled only to half of the other half i.e. share of his

          grandfather, namely late Sitaram Pathak, which got devolved to

          him through his father, namely Dharamdutt Pathak. It is further

          stated that petitioner has only seven daughters and no male child

          and taking advantage of this situation, informant is trying to

          grab the petitioner’s share of property. It is further submitted

          that prior to lodging of the present case, the petitioner had filed

          a complaint case being Complaint Case No. 763(c) of 2025

          before the learned A.C.J.M.-I, Danapur, Patna against informant

          and his brother for their illegal activities and encroachment and

          only with a view to save their skin from the aforesaid case, this

          false and concocted case has been lodged. It is lastly submitted

          that dispute is with regard to right, title and possession over

          land, which is purely civil in nature.

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

          the informant have vehemently opposed the prayer for grant of
             Patna High Court CR. MISC. No.1554 of 2026(3) dt.06-04-2026
                                                         4/4




                       anticipatory bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, case and counter-case between the parties and nature of

                       dispute, the prayer for grant of anticipatory bail to the petitioner

                       is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged 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 Judicial Magistrate 1st Class,

                       Danapur in connection with Maner P.S. Case No. 550 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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