Patna High Court
RAJ KISHORE RAHIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Raj Kishore Rahi, a deed writer, was named in an FIR for alleged cheating under IPC sections 420, 471 and 34, accused of preparing a false sale deed for land claimed by the complainant. He contended that he was merely a witness to the civil transaction and had no role in the alleged fraud, emphasizing his clean antecedents. The State opposed his bail, arguing the seriousness of the offences. The court examined the factual matrix, noting that the dispute was primarily civil and the petitioner was remote from the transaction. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC. The bail order was directed to be implemented by the concerned court.
Issues considered
- Whether bail should be granted to a deed writer accused of cheating when his involvement is limited to preparing a sale deed in a civil dispute
- Whether Section 482(2) of the Criminal Procedure Code can be invoked to condition bail in this case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 420, 471
Subjects
- bail
- cheating
- false sale deed
- civil dispute
- IPC 420
- Section 482 CrPC
- deed writer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23256 of 2024
Arising Out of PS. Case No.-35 Year-2023 Thana- ROSERA District- Samastipur
======================================================
Raj Kishore Rahi S/O Late Baleshwar Yadav (Deed Writer At Rosera Registry
Office) R/O Village- Belahi, P.S- Bithan, Distt.- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Lakshmi Kumari D/O Late Dhruv Sah R/O Village- Sohma, P.S- Bithan,
Distt.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 28-01-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Rosera P.S. Case
No. 35 of 2023 registered for the offences punishable
under Sections 420, 471, 34 of IPC.
3. The petitioner alleged to commit cheating upon
complainant/ O.P. No. 2 with other named co-accused
persons by executing false sale deed for a piece of land
claimed to be owned by the complainant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the dispute primarily civil in
Patna High Court CR. MISC. No.23256 of 2024(5) dt.28-01-2026
2/2
nature where the petitioner is the deed writer and was not
the party of alleged land transaction. While concluding
arguments, it is submitted that petitioner is a man of clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as dispute primarily civil in nature, where
the petitioner appears remote to the transaction being deed
writer, accordingly petitioner above-named, in the event of
his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM, Rosera /concerned Court,
where the case is pending in connection with Rosera P.S.
Case No. 35 of 2023, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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