Patna High Court
Santosh Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail is appropriate despite the allegations, given the petitioner’s advanced age, retired status, lack of prior convictions and the documentary basis of the case, subject to standard bail conditions.
Summary
The petitioner, a retired government employee, was accused of tampering with a Jamabandi register by adding fictitious tenants and issuing rent receipts, offences alleged under Sections 316(2), 316(5), 318(4), 338, 336(3) and 340(2) of the Bihar Negotiable Service Act. He applied for anticipatory bail, arguing that the allegations are based merely on suspicion, the incident occurred ten years earlier, he is 65 years old, has no criminal record and is willing to cooperate with the investigation. The State opposed the bail. The Court considered the petitioner’s age, retirement status, lack of antecedents and the documentary nature of the evidence, and found no compelling reason to deny bail. Consequently, the Court ordered that the petitioner be released on anticipatory bail upon surrendering within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order was pronounced by Justice Smt. Soni Shrivastava.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Negotiable Service Act
- Whether the nature of the alleged tampering of land records justifies denial of bail
- Whether the petitioner’s age, retirement, lack of criminal antecedents and willingness to cooperate warrant the grant of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- tampering of land records
- Jamabandi
- government servant
- age factor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23222 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- BANKA District- Banka
======================================================
Santosh Kumar Choudhary S/o Late Sada Nand Choudhary Resident of
Village- Dolhiya, P.S.- Sanhaula, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 316(2),
316(5), 318(4), 338, 336(3), 340(2) of the BNS.
3. Allegation against the petitioner is that when he was
posted at Banka Anchal on the post of Halka Karamchari, he has
tampered with the original Jamabandi Register-2 and added the
names of additional tenants and issued rent receipt.
4. Learned counsel for the petitioner submits that there
is allegation on the petitioner who was the Halka Karamchari at
the relevant period of causing interpolation in the mutation records
by adding the name of two other persons along with the name of
the original Jamabandi Raiyat. It is submitted that the said
allegation has been made only on the basis of suspicion as there
appeared certain interpolation in the rent receipt although the name
Patna High Court CR. MISC. No.23222 of 2026(2) dt.10-04-2026
2/2
of the son of the original Jamabandi Raiyat also existed on the said
document. Learned counsel further submits that the present
incident had taken place 10 years back and the present case has
been lodged in the year 2026 when the petitioner has already
retired from his service and is about 65 years old. Further, the
petitioner has no criminal antecedent.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the entire case is
based upon documents and the petitioner is an old retired
government servant, who is willing to cooperate in the
investigation, let the above named petitioner in the event of his
arrest or surrender before the learned Court below within a period
of four weeks from today, be enlarged 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 court below
where the case is pending/successor court in connection with
Banka P.S. Case No. 25 of 2026, subject to the condition as laid
down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
devendra/- (Soni Shrivastava, J)
U T
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