Patna High Court
Digvijay NarayanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the allegations were prima facie and the dispute is primarily civil in nature.
Summary
The petitioner, Digvijay Narayan, a revenue employee, was named in an FIR alleging his involvement in forging documents to illegally transfer property belonging to Raj Kumari Devi. The prosecution alleged that the petitioner colluded with staff of the Anchal Office to create a forged deed and effect a fraudulent mutation of land records. The petitioner’s counsel argued that the allegations were based merely on suspicion, that the dispute was essentially civil, and that there was no substantive material linking the petitioner to the alleged forgery. The court noted that a co‑accused had already been granted bail on the ground that the matter was a civil dispute. Consequently, the court ordered the petitioner’s release on bail, requiring a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the allegations of forgery and illegal property transfer constitute a cognizable offence justifying arrest of the petitioner
- Whether the matter is essentially a civil dispute and thus not warranting criminal prosecution
- Whether bail should be granted to the petitioner in view of the nature of the allegations
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 61(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- forgery
- property transfer
- civil dispute
- criminal procedure
- revenue employee
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22990 of 2025
Arising Out of PS. Case No.-138 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali
======================================================
Digvijay Narayan, S/o Late Jay Narayan Sah, R/o Village-Govindpur
Bastwara, P.S.- Singwara, District- Darbhanga, presently Karamchari Hajipur
Block, P.S.- Hajipur Town, District- Vaishali
... ... Petitioner
Versus
1. The State of Bihar
2. Raj Kumari Devi, W/o Late Keshav Murti Prasad Choudhary, R/o Village-
Jethui, P.S.- Industrial Area, Dist- Vaishali
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Senior Advocate
Mr. Varun Krishna Singh, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 20-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Industrial Area
P.S. Case No.138 of 2024 registered under Sections 318(4),
338, 336(3), 340(2) and 61(2) of the Bhartiya Nyaya
Sanhita, 2023 (in short ‘B.N.S.’).
3. The case of prosecution as per information
supplied by informant Raj Kumari Devi addressing to the
S.H.O. Industrial Area Hajipur, Vaishali alleging inter alia that
accused persons including this petitioner mentioned in para
Patna High Court CR. MISC. No.22990 of 2025(6) dt.20-01-2026
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No.1 of the application dated 02.10.2024 illegally transferring
her property bearing Khata No.69, Khesra No.279, which was
the Khatiyani land recorded in the name of her husband
Keshavmurti Prasad Choudhary. It is alleged that said land
was transferred fraudulently and creating forged registered
document by the accused persons in the name of one Ram
Prasad Ray and mutation was made in his favour. It is further
alleged that the accused persons by creating forged registered
deed of year 1970 as a true copy of registered deed and in
collusion with Anchal office, mutated in the name of vendee
without any information and knowledge to the informant who
is the rightful owner and title holder of the property in
question.
4. The petitioner is a Revenue Karamchari.
5. It is submitted by learned counsel appearing for
petitioner that merely on the basis of suspicion that the
forgery was committed with collusion of the office bearer/staf
of Anchal Office (Circle Office), the petitioner being “Revenue
Karamchari” was implicated with present case without having
any cogent material. It is submitted that thrust of allegation
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being mastermind person behind entire deal is available
against co-accused Dilip Kumar, who has already granted bail
by learned co-ordinate Bench of this Court through Cr. Misc.
No.6878 of 2025 dated 19.02.2025 considering the aspect
that it is a matter of civil dispute and the informant has liberty
to move the Civil Court to adjudicate her right and title.
6. Explaining criminal antecedent, it is pointed out
by learned counsel that the petitioner was of clean antecedent
but after institution of this case, the petitioner was named in
two more criminal cases of similar nature.
7. The notice as issued by this Court personally
received by O.P. No.2. Accordingly, same appears validly
served upon. Despite of same, none turned up on behalf of
O.P. No.2 as to join the present proceeding.
8. In view of aforesaid factual submissions and by
taking note of fact as the dispute primarily civil in nature,
whereas the implication against petitioner appears to be
raised prima facie only on the basis of suspicion, being
Revenue staf of Circle office, accordingly, the petitioner,
above-named, in the event of his arrest or surrender in the
Patna High Court CR. MISC. No.22990 of 2025(6) dt.20-01-2026
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court below within a period of four weeks from today, is
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, Vaishali at Hajipur in connection with
Industrial Area P.S. Case No.138 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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