Patna High Court
Jagat Keshari @ Jagat Narayan @ Jagat Kesri Mahto @ Jagat Narayan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the criminal case is prima facie instituted for a civil dispute and therefore granted bail to the petitioners.
Summary
The petitioners, Jagat Keshari and his son Anil Kumar, were arrested in connection with FIR No. 377/2024 for alleged document fraud, assault and other offences under various IPC sections. They contended that the dispute arose from a civil land disagreement, for which a title suit (No. 08/2014) is pending, and that the criminal case was filed to exert legal pressure. The State opposed bail, arguing the seriousness of the offences. The High Court observed that the criminal complaint appears to be a pretext for a civil dispute and noted the petitioners' clean antecedent. Consequently, the Court granted bail to both petitioners on a bond of Rs.10,000 each, with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the criminal proceedings are maintainable when the underlying dispute is civil in nature
- Whether bail should be granted to the accused petitioners
Legislation cited
- BNSS — s. 482
- Indian Penal Code — s. 120, 196, 197, 323, 324, 406, 418, 420, 467
Subjects
- land dispute
- criminal bail
- civil suit
- IPC offences
- Section 482
- BNSS
- false criminal case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27179 of 2026
Arising Out of PS. Case No.-377 Year-2024 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Jagat Keshari @ Jagat Narayan @ Jagat Kesri Mahto @ Jagat Narayan
Mahto S/o Vishnu Dev Mahto R/o Village - Madhopur, Khoksa, Ward No. 8,
P.S -Bibhutipur, District - Samastipur.
2. Anil Kumar S/o Jagat Keshari @ Jagat Narayan @ Jagat Kesri Mahto @
Jagat Narayan Mahto R/o Village - Madhopur, Khoksa, Ward No. 8, P.S
-Bibhutipur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Anand, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners named in FIR and
apprehending their arrest in connection with Bibhutipur P.S.
Case No. 377 of 2024, which was registered on the basis of
complaint case bearing no. 249/2024 dated 12.11.2024, for
the offences punishable under Sections 196, 197, 467, 418,
406, 420, 323, 324, 120(B) of the IPC.
3. As per FIR/complaint, the petitioners alleged to
create document fraudulently by using forged means and
also to assault and abuse the informant when the action of
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petitioners was protested by the informant while they came
to construct the house on the land which was claimed to be
in possession of the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the occurrence was purely civil
in nature, for which the present criminal case is completely
unoccasioned and unwarranted. It is submitted that for the
land dispute, a civil case is also pending before the learned
trial court as Title Suit No. 08/2014. The parties are agnates
and just to create a legal pressure, the present false criminal
case was lodged. Petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the present criminal case is prima
facie lodged for a dispute, which is purely civil in nature and
for the same, a title suit is also pending before the learned
trial court, as discussed aforesaid, accordingly, both above
named petitioners, who are of clean antecedent, in the event
of their arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
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released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned S.D.J.M.,
Rosera, District- Samastipur/concerned Court, where the
case is pending in connection with Bibhutipur P.S. Case No.
377 of 2024 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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