Patna High Court
Rajeshwar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted because the petitioner had already been granted bail in a related FIR and the allegations were identical.
Summary
The petitioner, Rajeshwar Sah, applied for anticipatory bail in a complaint (Case No. 816 of 2023) alleging offences under IPC Sections 420, 467 and 468 relating to a fraudulent land sale. He claimed the allegations were false, arising from a prior land dispute involving the complainant Bhabhuka Devi, and pointed out that a similar case (Cr. Misc. No. 40696 of 2024) had already resulted in anticipatory bail being granted. The informant opposed the bail, alleging a pattern of forgery and criminal antecedents. The Court noted the existence of two parallel proceedings on the same facts and the earlier bail order, and consequently granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNSS. The application was allowed.
Issues considered
- The petitioner is entitled to anticipatory bail despite the filing of a fresh complaint on the same factual matrix.
- Whether the prior grant of anticipatory bail in a related FIR precludes denial of bail in the present complaint.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 420, 467, 468
Subjects
- anticipatory bail
- forgery
- cheating
- land dispute
- IPC 420
- IPC 467
- IPC 468
- CrPC 438
- BNSS 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18977 of 2025
Arising Out of PS. Case No.-816 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Rajeshwar Sah S/o Late Ramayan Sah R/o Village- Vishanpurva, PS-
Gaunaha, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ajay Kumar Sah S/o Rudal Sah R/o vill - Vishanpura, P.S- Gaunaha, Distt.-
West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 11-02-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Complaint Case No. 816 of 2023 disclosing
offences under Sections 420, 467 and 468 of the Indian Penal
Code.
3. As per the allegations made in the complaint, the
petitioner intended to purchase the complainant’s land, however,
the complainant did not agree to sell the same. Thereafter, the
petitioner, along with co-accused Hirdaya Sah, allegedly
procured an Aadhaar Card in the name of one Bhabhuka Devi
with the intention of falsely projecting her as a family member
Patna High Court CR. MISC. No.18977 of 2025(3) dt.11-02-2026
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of the complainant. It is further alleged that on the basis of a
forged and fabricated genealogical table, the land belonging to
the complainant was fraudulently sold. Relying upon the
aforesaid forged documents, Bhabhuka Devi executed a sale
deed in favour of the petitioner and other co-accused persons.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to
previous land dispute between co-accused Bhabhuka Devi and
the informant. It is contended that Bhabhuka Devi and the
informant belong to the same family and the informant, being a
greedy person, had denied her legitimate share in the ancestral
property. Consequently, Bhabhuka Devi filed a petition before
the Gram Panchayat, Siswa on 12.09.2016. After issuance of
notice, the informant appeared and upon hearing the parties, the
Sarpanch recorded statements of villagers on 30.10.2014 and
found that the informant had forcibly deprived Bhabhuka Devi
of her share. It is further submitted that Bhabhuka Devi
thereafter sold two kathas of land in favour of the petitioner in
the year 2021. Learned counsel further submits that on similar
allegations, the informant had earlier lodged Gaunaha P.S. Case
No. 225 of 2022 under Sections 420, 406 and 34 of the IPC
against the petitioner. In the said case, a Co-ordinate Bench of
Patna High Court CR. MISC. No.18977 of 2025(3) dt.11-02-2026
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this Hon’ble Court has granted anticipatory bail to the petitioner
vide order dated 03.07.2024 passed in Cr. Misc. No. 40696 of
2024, which has been annexed as Annexure P/4. It is thus
submitted that the informant has filed two simultaneous criminal
cases on the same set of allegations, one by way of FIR, in
which the petitioner has already been granted anticipatory bail
and the other by filing the present complaint case, in which the
petitioner is again seeking anticipatory bail.
5. On the other hand learned counsel for the informant
vehemently opposed the prayer for anticipatory bail and submits
that the petitioner is having criminal antecedents and it is the
petitioner’s modus operandi to prepare forged and fabricated
documents and on the basis thereof, grab the land of innocent
persons.
6. Considering the submissions made by the parties
and the fact that on similar allegations two criminal cases have
been filed, one by way of an FIR and the other by filing a
complaint and in the FIR lodged by the informant (O.P. No. 2)
the petitioner has already been granted anticipatory bail by a
Co-ordinate Bench of this Hon’ble Court, accordingly, I am
inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
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8. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bettiah in
connection with Complaint Case No. 816 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
BNSS.
(Anil Kumar Sinha, J)
Siwani/-
U T
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