Patna High Court
Trivikram Narain Pathak @ Trivikram Narayan PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 318(4), 336(2), 336(3), 340(2)
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
2/4
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
Checking your session…