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Patna High Court

Dewanand SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner’s antecedents are clean and the only evidence against him is an uncorroborated confessional statement of a co‑accused.

Summary

Dewanand Singh applied for anticipatory bail in connection with FIR No. 215 of 2023 alleging offences of forgery, cheating and conspiracy under Sections 419, 420, 467, 468, 471, 120(B) and 34 of the IPC. The prosecution alleged that he, along with co‑accused, forged a sale deed and colluded with a false witness to transfer land. The petitioner contended that he has a clean antecedent and that the only material linking him to the crime is the confessional statement of co‑accused Vikash Kumar, with no other incriminating evidence. The Court observed that reliance solely on a co‑accused’s confession, without corroboration, does not justify denial of bail and noted the petitioner’s spotless record. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 438(2) of the CrPC. The order directs the petitioner to cooperate with the trial and warns of bail cancellation for non‑compliance or concealment of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious charges under the IPC.
  • Whether the confessional statement of a co‑accused alone suffices to deny bail.
  • Whether the petitioner’s clean antecedent warrants bail under Section 438 CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • sale deed
  • confessional statement
  • clean antecedent
  • Section 438 CrPC
  • IPC offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25643 of 2026
                    Arising Out of PS. Case No.-215 Year-2023 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Dewanand Singh Son of Late Paras Singh Resident of Village - Nima, P.S.-
                 Udwantnagar, District - Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sharda Devi, female, aged about _ years, W/o Late Harindra Yadav, R/o-
                 Village- South Ekauna, P.S.- Udwantnagar Dist- Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raju Kumar Singh, Advocate
                 For the Opposite Party/s :      Ms.Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-07-2026                  Heard Mr.Raju Kumar Singh, learned counsel for

                   the petitioner, learned counsel for the informant and Ms.Asha

                   Devi, learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Ara Nawada P.S. Case No. 215 of 2023,

                   F.I.R. dated 02.04.2023 registered for the offence punishable

                   under Sections 419,420,467,468,471,120(B),34 of IPC.

                                3. Allegation against the petitioner is that he

                   alongwith other co-accused persons transferred the land of the

                   informant by forging the signatures of the informant and her

                   son on the sale deed and also by producing a false lady in the

                   name of Sharda Devi in the registry office in collusion with
Patna High Court CR. MISC. No.25643 of 2026(3) dt.09-07-2026
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          the staff of the registry office, Ara..

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. He has

          falsely been implicated in the present case on the basis of the

          confessional statement of co-accused person, namely, Vikash

          Kumar. From a bare perusal of the Sale Deed dated

          28.01.2023 it appears that the petitioner is neither the witness

          nor the identifier of the sale deed in question and except the

          confessional statement of co-accused person, namely, Vikash

          Kumar, nothing has come during investigation against the

          petitioner to suggest the involvement of the petitioner in the

          present occurrence.

                        5. Learned counsel for the informant and learned

          A.P.P. for the State have vehemently opposed the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has

          clean antecedent, his name has been transpired on the basis of

          the confessional statement of co-accused person, namely,

          Vikash Kumar and petitioner is neither the witness nor the

          identifier of the sale deed in question, let the petitioner, above

          named, in the event of his arrest or surrender before the court

          below within a period of thirty days from the date of receipt
Patna High Court CR. MISC. No.25643 of 2026(3) dt.09-07-2026
                                            3/4




          of the order, be released on bail on furnishing bail bond of

          Rs.10,000 (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned C.J.M., Bhojpur at

          Ara in connection with Ara Nawada P.S. Case No. 215 of

          2023, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure and with other

          following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has concealed

          his/her criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned
               Patna High Court CR. MISC. No.25643 of 2026(3) dt.09-07-2026
                                                           4/4




                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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