Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to anticipatory bail, subject to a bond of Rs 30,000 and conditions prescribed under the BNSS, 2023.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail in a complaint (Case No. 82 of 2022) alleging offences under Sections 120B, 406 and 420 of the IPC relating to alleged forgery in a land sale. The prosecution had taken cognizance of only Sections 406 and 420. The petitioner’s counsel argued that the Solemn Affidavit (S.A.) accompanying the complaint specifically named only accused No. 1, and that there was no allegation against the petitioner, who also has a clean criminal record. The State opposed bail, contending that the S.A. did not mention the petitioner. The Court examined whether the petitioner could be covered by the complaint and whether anticipatory bail was appropriate under the Bihar Negotiable Instruments (BNSS) Act, 2023. Finding no direct allegation against the petitioner and considering the circumstances, the Court granted anticipatory bail subject to a bond of Rs 30,000 and conditions under Section 482(2) of the BNSS, 2023. The order directed that bail be released if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether the petitioner is covered by the complaint and can be granted anticipatory bail despite the complaint’s Solemn Affidavit not naming him.
- Whether anticipatory bail is permissible under Section 2(1)(d) and Section 482(2) of the BNSS, 2023 in the present facts.
Legislation cited
- Indian Penal Code — s. 120B, 406, 420
Subjects
- anticipatory bail
- complaint case
- Solemn Affidavit
- IPC sections 406, 420
- BNSS 2023
- land fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21839 of 2026
Arising Out of PS. Case No.-82 Year-2022 Thana- JEHANABAD COMPLAINT CASE
District- Jehanabad
======================================================
Raushan Kumar S/o- Pramod Sharma R/v- South Daulatpur, Raja Bazar Ps-
Jehanabad, Dist- Jehanabad, P/A Village- Gonwan PS- Parash Bigha District-
Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjit Kumar S/o- Binod Kumar R/v- Utrawan Ps- Kurtha Dist- Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Adv.
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Complaint Case No.82 of 2022, for the offences punishable
under Sections 120B, 406 and 420 of the IPC., but cognizance
has been taken under Sections 406 and 420 of the IPC vide
order dated 24.01.2023.
3. As per the prosecution, complaint case has been
lodged against two named accused persons including the present
petitioner with allegation that they have made forgery in the sale
and purchase of land.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21839 of 2026(2) dt.08-04-2026
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petitioner is innocent and has committed no offence. Counsel
also submits that it is the complaint case and according to law of
land, every complaint must be supported by Solemn Affirmation
(S.A.). He further submits that in the certified copy of the
complaint, S.A. of the complainant is recorded by learned Court
and upon bare reading of the said S.A., specific allegation is
against accused No.1 and not against the petitioner.
5. Counsel submits that the criminal antecedent of the
petitioner is clean and accused No.1 and 2 are brother-in-laws
(lkyk&cguksbZ). He further submits that the complaint case has
been lodged only with a view to create pressure as petitioner is
the medical representative.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that in the S.A. of the
complainant, there is nothing against the petitioner.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Chief Judicial Magistrate, Jehanabad, in
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connection with Complaint Case No.82 of 2022, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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