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Patna High Court

Haresh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the civil nature of the land dispute does not bar the application of Section 438(2) CrPC.

Summary

The petitioners, Haresh Singh and Sanjeeta Devi, sought bail fearing arrest in a criminal complaint (No. 121 of 2024) filed under IPC sections 467, 468 and 471 concerning alleged cheating and forgery. The dispute centered on a piece of land where the complainant claimed title based on a sale deed from the original raiyat, while the petitioners asserted inheritance rights as heirs of a sikmidar who had purportedly sold the land to a co‑accused. The learned counsel for the complainant argued that the sikmidar died without issue, rendering the petitioners' claim spurious, and emphasized that the matter was essentially a civil title dispute. The court observed that the ultimate remedy lay in a civil forum and that the civil nature of the dispute did not preclude bail. Accordingly, the court ordered bail for each petitioner on a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code.

Issues considered

  • Whether the petitioners are entitled to bail under Section 438(2) CrPC in view of the pending criminal complaint under IPC sections 467, 468 and 471.
  • Whether the civil dispute over land title defeats the grant of bail in the criminal proceedings.

Legislation cited

Subjects

  • bail
  • land dispute
  • inheritance
  • sikmidar rights
  • civil vs criminal jurisdiction
  • IPC 467
  • IPC 468
  • IPC 471
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23876 of 2025
                   Arising Out of PS. Case No.-121 Year-2024 Thana- GOPALGANJ COMPLAINT CASE
                                                    District- Gopalganj
                 ======================================================
           1.     Haresh Singh S/o Late Vishwanath Singh Resident of village- Basdila Khap,
                  P.O and PS- Gopalganj town, District- Gopalganj
           2.    Sanjeeta Devi @ Sangita Devi W/o Biresh Singh Resident of village-
                 Basdila Khap, P.O and PS- Gopalganj town, District- Gopalganj
                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar Bihar
           2.     Abdul Mannan S/o Dil Mohammad (Marhum) R/o vill - Dargah Road, ward
                  no. 25, P.S.- Gopalganj Town, Distt.- Gopalganj
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pankaj Kumar Dubey, Adv.
                 For the State            :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   09-01-2026                          Heard learned counsel for the petitioners as well as

                   the learned APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Complaint Case No. 121 of 2024, in which cognizance has been

                   taken under Sections 467, 468, 471 of the Indian Penal Code.

                                 3. The complainant claims the land in dispute on the basis

                   of a sale deed executed by the original raiyat, whereas the petitioners,

                   claiming themselves to be heirs of the sikmidar, who sold that land in

                   favour of co-accused Pradeep Kumar @ Pradeep Thakur.

                                 4. Learned counsel for the petitioners has submitted that

                   the ancestor of the petitioners was the raiyat of the land on the basis

                   of sikmidar rights, and the petitioners inherited that piece of land and
           Patna High Court CR. MISC. No.23876 of 2025(5) dt.09-01-2026
                                                       2/2




                     thereafter sold it to the co-accused.

                                  5. Learned counsel for the complainant has submitted that

                     the claim of the petitioners is false and frivolous. The sikmidar, Dev

                     Narayan Rai, died issueless, as such, there is no question of

                     inheritance of his rights.

                                  6. The complainant and the petitioners are claiming their

                     rights on the same land. The complainant claims the land on the basis

                     of a sale deed executed by the original raiyat, whereas the petitioners

                     claim themselves to be lineal descendants of the sikmidar. There is

                     dispute relating to the title of the land. The ultimate remedy lies in

                     the civil court and not in the criminal court.

                                  7.    Considering       the    above-mentioned   facts   and

                     circumstances, let the petitioners, in the event of their arrest or

                     surrender within four weeks before the learned court below, be

                     released 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 A.C.J.M. Vth Gopalganj in connection with

                     Complaint Case No. 121 of 2024, subject to the conditions as laid

                     down under Section 438(2) Cr.P.C.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T


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