Patna High Court
Dewanand SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120B, 34, 419, 420, 467, 468, 471
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
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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
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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
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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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