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Patna High Court

Karu Yadav @ Karu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Karu Yadav was arrested in connection with a 2023 case alleging fraudulently executing a sale deed and was charged under IPC sections 406, 420, 467, 468 and 34. He contended that he had a clean antecedent and that the alleged fraudulent deed was actually executed by his relative, Malhu Yadav, who had already been granted bail. The petitioner argued that the FIR was fabricated and that he was implicated merely because of his familial relationship. The State opposed bail, citing the seriousness of the offences. The Court, after considering the petitioner's clean record and the circumstances, granted bail on a cash bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under Sections 406, 420, 467, 468 and 34 of the IPC.

Legislation cited

Subjects

  • bail
  • fraud
  • sale deed
  • IPC
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 16863 of 2026
                      Arising Out of PS. Case No.-496 Year-2023 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Karu Yadav @ Karu Kumar Son of Gulten Yadav Resident of Mohalla- Kiul
                 Basti, Gandhi Tola Ward No. 17, P.S.- Kabiya, District- Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Suresh Singh, Advocate
                 For the Opposite Party/s :        Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-03-2026                  Heard Mr.Suresh Singh, learned counsel for the

                   petitioner and Mr.Ram Naresh Ray, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   12.01.2026 in connection with Kabaiya P.S. Case No. 496 of

                   2023, F.I.R. dated 02.07.2023 registered for the offence

                   punishable under Sections 406,420,467,468/34 of IPC.

                                3. Prosecution came in brief, is that the petitioner

                   got executed the sale deed no. 410 in favour of Rameshwar

                   Mahto on the consideration amount of Rs. 9,40,000/- and

                   through this sale-deed the ancestral land of Informant was

                   sold and in that sale deed it was falsely written that his grand

                   father namely Etwari Gope got the same land from the
Patna High Court CR. MISC. No. 16863 of 2026(3) dt.19-03-2026
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          informant’s ancestor Janki Dhanuk vide Deed No. 4521 dated

          20.05.1929.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has not committed any offence as alleged in the

          FIR. In fact the co-accused person, namely, Malhu Yadav has

          executed the sale deed in favour of Rameshwar Mahto.

          Learned counsel for the petitioner submits that the grand

          father of Malhu Yadav, namely, Etwari Gope purchased the

          said land through registered Sale Deed No.4521 dated

          20.05.1929 and on that basis, the name of the petitioner’s

          grand father was mutated and Jamabandi was also transferred

          in his name on this basis the co-accused person, namely,

          Malhu Yadav has executed the sale deed in question and till

          date no case has been filed by the informant for cancellation

          of said sale deed and petitioner is neither the executor nor the

          identifier of the said sale deed in question and he has been

          made accused in the present case merely on the ground that he

          is nephew of Malhu Yadav, and co-accused person, namely,

          Malhu Yadav, who has executed the sale deed, has been

          granted bail by a Coordinate Bench of this Hon’ble Court vide
Patna High Court CR. MISC. No. 16863 of 2026(3) dt.19-03-2026
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          order dated 27.08.2025 passed in Cr. Misc. No. 58937 of 2025

          and the petitioner is in custody since 12.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact,       petitioner has

          clean antecedent, let the petitioner, above named, 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 C.J.M., Lakhisarai in connection with Kabaiya P.S.

          Case No. 496 of 2023, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has concealed
               Patna High Court CR. MISC. No. 16863 of 2026(3) dt.19-03-2026
                                                           4/4




                         his criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. 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.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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