Patna High Court
Haresh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 467, 468, 471
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
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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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