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Patna High Court

Avinash RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to Guriya (Malini) Ranjan with specified conditions.

Summary

The petitioners Avinash Ranjan and Guriya (Malini) Ranjan sought anticipatory bail in a criminal case arising from a property dispute over a flat. Avinash was arrested during the pendency of the petition and withdrew his bail request, leading the court to dismiss his anticipatory bail as withdrawn. The petition continued against Guriya, who was named in the FIR for offences under IPC sections 420, 385, 506, 467, 468, 471 and 34, alleged to stem from forged documents used to claim ownership of the flat. The State argued forgery and non‑production of documents, while the petitioners contended the matter was purely civil, with a pending title suit and payments made as rent. The court, noting the civil nature of the dispute and Guriya’s clean antecedent, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and conditions under Section 438(2) CrPC and Section 482(2) of the BNSS.

Issues considered

  • The appropriateness of granting anticipatory bail to Guriya in a case involving alleged forgery and multiple IPC offences.
  • Whether the underlying dispute is civil in nature, rendering the criminal prosecution unwarranted.
  • Compliance with procedural requirements such as production of documents under Section 91 CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • property dispute
  • forgery
  • IPC offences
  • Section 438 CrPC
  • Section 482 BNSS
  • civil suit
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29134 of 2026
                     Arising Out of PS. Case No.-137 Year-2024 Thana- RAJIVNAGAR District- Patna
                 ======================================================
           1.     Avinash Ranjan S/o Late Bindeshwar Prasad Singh R/o - Flat No. 603, K P
                  Tower Block B Frandes Colony, PS - Rajiv Nagar, District - Patna, Pin -
                  800025
           2.     Guriya @ Malini Ranjan W/o Avinash Ranjan R/o - Flat No. 603, K P Tower
                  Block B Frandes Colony, PS - Rajiv Nagar, District - Patna, Pin - 800025
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Anand Nitin, Adv
                 For the Opposite Party/s :      Mr. Ram Priya Sharan Singh, APP
                 For the Informant        :      Mr. Ayushman Kishore, Adv
                                          :      Mr. Sushant Shekhar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-05-2026                      At the outset, it is submitted by learned counsel for

                   the petitioner that petitioner no. 1 arrested during the pendency

                   of the present petition and, therefore, the prayer of anticipatory

                   bail of petitioner no. 1 namely Avinash Ranjan, becomes

                   infructuous and, therefore, he be permitted to withdraw the

                   same.

                                2. Request allowed.

                                3. Anticipatory bail of the petitioner no. 1 namely

                   Avinash Ranjan is hereby dismissed as withdrawn.

                                4. Now present anticipatory bail petition survives

                   against petitioner no. 2 namely Guriya @ Malini Ranjan only.

                                5. The petitioner is named in the F.I.R. and
Patna High Court CR. MISC. No.29134 of 2026(2) dt.11-05-2026
                                            2/4




          apprehending her arrest in connection with Rajiv Nagar P.S. Case

          No. 137 of 2024 registered for the offences punishable under

          Sections 420, 385, 506, 467, 468, 471 and 34 of the Indian

          Penal Code.

                       6. As per FIR, petitioner along with her husband

          occupied the flat in issue against the rent during the lifetime of

          the husband of the informant and after the death of the husband

          of the informant on the basis of forged documents and

          agreement executed with deceased husband of informant claimed

          the ownership of flat.

                       7. It is submitted by learned counsel appearing on

          behalf of the petitioner that the agreement in issue was executed

          during the lifetime of husband of informant regarding sale of the

          flat, where petitioner was living as a tenant along with her

          husband. It is submitted that the rent amount of Rs. 7,000/- per

          month was fixed orally, but on different occasions total of Rs. 30

          lakhs has paid to the informant and her husband. It is submitted

          that aforesaid transaction was made in cash and through bank. It

          is pointed out that when the informant refused to execute the

          sale deed petitioners filed a suit for specific performance before

          the Patna Civil Court registered as Title Suit No. 497 of 2023

          dated 28.11.2023 pending before learned Sub-Judge VIII, Patna,
Patna High Court CR. MISC. No.29134 of 2026(2) dt.11-05-2026
                                            3/4




          where informant already joined proceeding, but subsequently,

          thereafter as to create the pressure present criminal case was

          lodged on 07.03.2024. While concluding arguments, it is

          submitted that present dispute is purely civil in nature for which

          present criminal prosecution is completely un-occasioned and

          unwarranted.

                          8. Learned APP duly assisted by learned counsel for

          the informant while opposing the prayer of bail submitted that

          the agreement was drawn by making forged signature of the

          husband of the informant and he totally denied its existence as

          claimed by learned counsel for the petitioner. It is submitted that

          till now the police on several occasions issued notice under

          Section 91 of the Cr.P.C. to petitioner to produce documents. But

          the document in issue was never produced before the police. It is

          also submitted that submission to lodge this criminal case as an

          afterthought, after lodging the title suit, also not appears

          convincing that after lodging criminal case only, the informant

          received summons and, therefore, at the time of lodging present

          criminal case, petitioner was not under knowledge of existing of

          any title suit as filed by petitioner’s husband. However, he could

          not dispute the submissions that the amount as submitted

          aforesaid was received by the informant/deceased husband, but it
               Patna High Court CR. MISC. No.29134 of 2026(2) dt.11-05-2026
                                                           4/4




                         was said that same was received against rent of the flat and not

                         as any part consideration, in furtherance of the agreement.

                                         9. Let it be so, as the submissions raised by the

                         parties primarily suggest that dispute is civil in nature, coupled

                         with the fact as petitioner is a lady of clean antecedent,

                         accordingly petitioner above-named, in the event of her arrest or

                         surrender before the court below within a period of four weeks, is

                         directed to be released on bail,              furnishing bail bond of Rs.

                         10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount      each     to    the    satisfaction       of   the   learned   CJM,

                         Patna/concerned Court, where the case is pending in connection

                         with Rajiv Nagar P.S. Case No. 137 of 2024, subject to the

                         conditions as laid down under Section 438(2) of the Cr.P.C/

                         Section 482(2) of BNSS.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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