Patna High Court
Avinash RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
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the pendency of the petition and withdrew his bail request, leading the court to dismiss his anticipatory bail as withdrawn.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
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2), 91
- Indian Penal Code — s. 34, 385, 420, 467, 468, 471, 506
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.