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Patna High Court

Sanjay Kumar @ Sanjay Kumar Gupta @ Puttu saoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed the petition for anticipatory bail, exercising its inherent powers under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Sanjay Kumar, sought anticipatory bail in a complaint case (No. 5143 of 2024) alleging offences under Sections 467, 468, 471 and 452 of the Indian Penal Code. The prosecution alleged that the petitioner, with co‑accused, forged documents to claim ownership of a piece of land and assaulted the informant and his daughter‑in‑law. The petitioner contended that the land had been lawfully transferred by registered deeds and that the dispute was purely civil, filed to harass him. No representative appeared for the complainant despite service of notice. The learned APP opposed bail, but the Court, considering the general and omnibus nature of the accusations and the civil character of the dispute, exercised its inherent powers under Section 482(2) of the Criminal Procedure Code and granted anticipatory bail, subject to a bail bond and sureties.

Issues considered

  • Whether anticipatory bail can be granted in a complaint alleging forgery, assault and outrage of modesty under Sections 467, 468, 471 and 452 IPC.
  • Whether the matter is a criminal offence or a civil land‑dispute that does not warrant criminal prosecution.
  • Whether the High Court may invoke its inherent powers under Section 482(2) of the Criminal Procedure Code to discharge the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • land dispute
  • civil vs criminal
  • Section 482
  • High Court inherent powers
  • IPC sections 467 468 471 452

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.2799 of 2026
                 Arising Out of PS. Case No.-5143 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Sanjay Kumar @ Sanjay Kumar Gupta @ Puttu sao Son of Late Jaswant Sao
                 Resident of Yash Anand, Fuel Patrol Pump, Digha - Ashiyana Road, P.S.-
                 Digha, District - Patna at present resident of Digha Ghat Chauhatta, P.S.-
                 Digha, District - Patna.

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar
           2.    Kishore Kumar Son of Late Rama Sao Resident of Digha Railway Gumti, at
                 present resident of Digha near Atal Path, P.S.- Digha, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Akhauri Kamal Kishore Sahay, Advocate
                 For the State          :       Mr. Rajendra Nath Jha, APP
                 For the Complainant    :       None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   06-04-2026                 Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                               2. Despite valid service of notice, no one appears on

                   behalf of the complainant/Opposite Party No. 2.

                               3. The petitioner apprehends his arrest in a complaint

                   case registered for the offence punishable under Sections 467,

                   468, 471 and 452 of the B.N.S..

                               4. As per prosecution case, it is alleged that this

                   petitioner, along with other co-accused persons, came to the

                   house of informant claiming ownership of land on the basis of
Patna High Court CR. MISC. No.2799 of 2026(4) dt.06-04-2026
                                            2/3




          forged documents. It is further alleged that upon protest, this

          petitioner assaulted informant and his daughter-in-law and also

          attempted to outrage her modesty by tearing her clothes.

                        5. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, the land in question

          was purchased by one Shanti Devi wife of Rama Sao through

          registered sale deed on 07.01.1994 and thereafter, the same was

          sold through registered sale deed to the wife of this petitioner,

          namely Amrita Dutt. Complainant is son of Shanti Devi and has

          wrongfully been claiming ownership over the land in question.

          Moreover, the dispute is with regard to right, title and

          possession over a piece of land which is purely civil in nature

          and only with a view to harass and humiliate the petitioner, this

          false and concocted case has been lodged.

                        6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        7. Considering the facts and circumstances of the case

          and general and omnibus nature of accusation, the prayer for

          grant of anticipatory bail to the petitioner is allowed.
             Patna High Court CR. MISC. No.2799 of 2026(4) dt.06-04-2026
                                                         3/3




                                    8. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged 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 J.M. 1 st Class, Patna in

                       connection with Complaint Case No. 5143 of 2024, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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