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Patna High Court

Hare Ram Ray Deepak @ Hareram Ray @ Deepak RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted because the dispute is essentially civil and the petitioners have clean antecedents, rendering criminal liability doubtful.

Summary

The petitioners sought anticipatory bail after the State filed a complaint alleging that they, along with others, forged a sale deed to illegally acquire land belonging to the complainant, invoking IPC sections 419, 420, 465, 466, 467 and 471. The petitioners contended that they were innocent, asserting that the land had been purchased by their ancestor in 1971 and that the present dispute was purely a civil title suit already pending before the court. The State and the complainant opposed the bail, arguing that criminal offences were involved. The court examined the nature of the dispute, the petitioners’ clean antecedents, and the fact that the matter was essentially a civil land‑title issue. Concluding that criminal liability was not evident, the court granted anticipatory bail subject to conditions under Section 482(2).

Issues considered

  • Whether anticipatory bail can be granted in a complaint case alleging forgery and cheating under the IPC.
  • Whether the dispute over the sale deed is a civil matter that negates criminal liability.
  • Whether the petitioners’ clean antecedents justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • cheating
  • civil dispute
  • Indian Penal Code
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1976 of 2026
                 Arising Out of PS. Case No.-43 Year-2021 Thana- COMPLAINT CASE - JHANJHARPUR
                                                   District- Madhubani
                 ======================================================
           1.     Hare Ram Ray Deepak @ Hareram Ray @ Deepak Ray Son of Late Siya
                  Ram Ray R/o Village - Jamailla, P.S. - Rudrapur, District - Madhubani.
           2.    Mahesh Kumar Roy @ Mahesh Ray Son of Sri Baleshwar Ray R/o Village -
                 Jamailla, P.S. - Rudrapur, District - Madhubani.
           3.    Suman Kumar Roy @ Suman Kumar Ray Son of Late Rajeshwar Rai R/o
                 Village - Jamailla, P.S. - Rudrapur, District - Madhubani.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    Heet Narayan Jha Son of Late Chandehwar Jha R/o Village - Jamailla, P.S. -
                 Rudrapur, District - Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners   :      Mr. Purushottam Kumar, Advocate
                 For the State         :      Mr. Abhay Kumar, APP
                 For the Informant     :      Mr. Ramchandra Jha Raman, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned        counsel    appearing        on      behalf      of       the

                   complainant/Opposite Party No. 2.

                                2. The petitioners apprehend their arrest in a

                   complaint case registered for the offence punishable under

                   Sections 419, 420, 465, 466, 467 and 471 of the Indian Penal

                   Code.

                                3. The prosecution case, in brief, is that on
Patna High Court CR. MISC. No.1976 of 2026(3) dt.13-03-2026
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          29.02.2020, all the named accused persons, including these

          petitioners, under a conspiracy, forged a sale deed and got the

          land appertaining to Old Khata No. 87, Old Khesra No. 957,

          Rakba- 9 Dhur and Khesra No. 960, Rakha- 1 kattha and 3 dhur

          and Khesra No. 962/1755, Rakba- 5 dhur and new Khesra No.

          2486, which belongs to the complainant/Opposite Party No. 2

          and his cousin brother, registered in their name from the

          Registry Office, Jhanjharpur. It is further alleged that the sellers

          of the said sale deed are Mahakant Roy, Shrikant Ray, Shiv Kant

          Roy, Virankant Roy and Sanjay Kant Roy, however, in the

          village Jamaila, no persons with such name exists. In the sale

          deed, the mobile number of the seller is given as 62030829,

          however, the said mobile number is registered in the name of

          Petitioner No. 2. Thus, all the named accused persons, including

          these petitioners, cheated the complainant/Opposite Party No. 2

          and got his land executed in their name without any right, title

          or possession.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on 05.04.1971,

          ancestor of these petitioners, namely Madhukar Roy, purchased

          1 kattha 12 dhur land in question from one Mallik Roy through
Patna High Court CR. MISC. No.1976 of 2026(3) dt.13-03-2026
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          registered sale deed of gift, copy of which is Annexure-P2 to

          this bail application. The remaining 1 kattha 12 dhur of land was

          purchased by these petitioners from the descendants of late

          Kalika Dutt who is brother of Mallik Roy. From bare perusal of

          the genealogical table it will be evident that Kalika Dutt has two

          sons, namely Fakir Rai and Kameshwar Rai. Fakir Rai died

          issueless and thus, his entire share ended up with Kameshwar

          Rai. Kameshwar Rai has five sons, namely Mahakant Roy,

          Shrikant Ray, Shiv Kant Roy, Vishnukant Roy and Kant Lal

          Roy. Kant Lal Roy died and left his share with his son, namely

          Sanjay Kumar Rai and the sale deed in question was executed

          by the four sons and one grandson of late Kameshwar Rai. The

          petitioners have also filed a title suit bearing Title Suit No. 48 of

          2021 and the said title suit has been admitted and

          complainant/Opposite Party No. 2 is also one of the defendants

          in the said title suit. Moreover, the dispute is with regard to sale

          and purchase of land which is purely civil in nature and none of

          the acts, allegedly committed by these petitioners, would give

          rise to any criminal liability. Petitioners claim clean antecedents.

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

          the complainant/Opposite Party No. 2 have vehemently opposed

          the prayer for grant of anticipatory bail to the petitioners.
             Patna High Court CR. MISC. No.1976 of 2026(3) dt.13-03-2026
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                                    6. Considering the facts and circumstances of the

                       case, nature of dispute and clean antecedents of the petitioners,

                       the prayer for grant of anticipatory bail to the petitioners is

                       allowed.

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

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

                       petitioners be enlarged 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 Judicial Magistrate Ist

                       Class, Jhanjharpur in connection with Complaint Case No. 43 of

                       2021, 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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