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Patna High Court

Arun Kumar @ Arun Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the allegations pertained to serious non‑bailable offences of forgery and breach of trust.

Summary

Arun Kumar Yadav was implicated in a complaint case alleging that, in collusion with co‑accused, he executed a sale deed in favour of his wife by misrepresenting the land boundaries, thereby committing forgery and breach of trust under Sections 467, 468 and 471 of the Indian Penal Code. The petitioner feared arrest and applied for anticipatory bail before the Patna High Court. The court examined whether the seriousness of the alleged offences justified the grant of anticipatory bail. Considering the nature of the accusations, which involve non‑bailable offences of forgery and breach of trust, the court found no sufficient ground to relax the bail provisions. Consequently, the petition for anticipatory bail was rejected. The order was pronounced by Justice Prabhat Kumar Singh on 3 February 2026.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a complaint case involving alleged forgery and breach of trust under Sections 467, 468 and 471 IPC

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • breach of trust
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17732 of 2025
                    Arising Out of PS. Case No.-1302 Year-2023 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Arun Kumar @ Arun Kumar Yadav Son of Siya Ram Yadav Resident of
                 Village- Dhakjari, P.S.- Sonbarsa Kachahari, District- Saharsa

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Lalan Yadav Son of Guneshwar Yadav Resident of Village- Dhakjari, P.S.-
                 Sonbarsa Kachahari, District- Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Binod Kumar Sinha, Adv.
                 For the Opposite Party/s :    Mr.Shailendra Kumar, APP
                                               Md. Harun Qureshi, Adv.for OP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   03-02-2026                     Heard learned counsel for the petitioner, learned

                   A.P.P for the State and learned counsel for opposite party no. 2.

                                2. The petitioner apprehends his arrest in a complaint

                   case, punishable for the offence under Sections 467, 468 and

                   471 of the Indian Penal Code.

                                3. As per complaint case, this petitioner, in

                   connivance with other co-accused persons, executed sale-deed

                   in favour of his wife Rita Devi by registering the wrong

                   boundary of the land sold on 23.01.2006 to complainant &

                   others and thus, petitioner committed forgery and breach of

                   trust.

                                4. Considering the nature of accusation, the prayer
           Patna High Court CR. MISC. No.17732 of 2025(5) dt.03-02-2026
                                                       2/2




                     for anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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