Patna High Court
Pradeep Kumar @ Pradeep Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the dispute is essentially civil and the petitioners are entitled to bail under Section 482(2) of the CrPC.
Summary
The petitioners, Pradeep Kumar and Vishwanath Kumar, were named in an FIR for offences under Sections 419, 420, 467, 468, 471, 34 and 120(b) of the Indian Penal Code, alleged to have purchased land through impersonation of an informant. They contended that they were bona‑fide purchasers, that the real dispute was civil, and that the co‑accused Vijay Kumar was the only person with criminal liability. The State opposed the bail application, while the informant failed to appear despite notice. The Court observed that the core issue pertained to a civil land‑sale dispute and that the petitioners were victims rather than perpetrators. Accordingly, the Court directed that the petitioners be released on bail, subject to a bond of Rs.10,000 with two sureties each, under the powers conferred by Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the allegations against the petitioners amount to a cognizable offence justifying denial of bail
- Whether the matter is essentially a civil dispute, rendering criminal prosecution unwarranted
- Whether bail can be granted under Section 482(2) of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120(b), 34, 419, 420, 467, 468, 471
Subjects
- bail
- civil dispute
- land sale
- impersonation
- IPC offences
- Section 482 CrPC
- criminal miscellaneous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30736 of 2025
Arising Out of PS. Case No.-381 Year-2021 Thana- LAHERIYASARAI District- Darbhanga
======================================================
1. Pradeep Kumar @ Pradeep Kumar Das S/o- Late Ravi Das Resident of
Mohalla- Laksmisagar Moja Dharampur PS- Sadar,Dist- Darbhanga
2. Vishwanath Kumar S/o- Lal Bahadur Das Moh- Kaubardha Lagunia, Suraj
Kanth Ps- Samastipur Dist- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Saurabh Kumar S/o- Late Purushottam Prasad Singh Vill Jogiara, PS-
Bahadurpur Dist- Darbhanga Correspondence Address- C/o- Sri Baidyanath
Thakur, Bengali Tola, Station Road Dist- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amritesh Kumar
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 20-01-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Laheriasarai
P.S. Case No. 381 of 2021 registered for the offences
punishable under Sections 419, 420, 467, 468, 471, 34.
120(b) of Indian Penal Code.
3. As per FIR, by impersonating the informant his
land was sold to the petitioners.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the petitioners was bone-fide
Patna High Court CR. MISC. No.30736 of 2025(6) dt.20-01-2026
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purchaser of the land in issue, after paying the agreed
consideration amount. It is submitted that the petitioners
themselves are the victim of the circumstances where the
thrust of allegation is available against co-accused namely,
Vijay Kumar, though he only witnessed the sale deed and
considering the aforesaid aspect as dispute is civil in nature,
he was granted bail by learned co-ordinate Bench of this
Court through Cr. Misc. No. 60347 of 2022 vide order
dated 23.02.2023.
5. Arguing further, it is pointed out that primarily
this is a civil dispute between the parties for which the
present criminal prosecution is completely un-occassioned
and un-warrented. It is pointed out that the allegation to
sell the land, in issue, is available against Saurabh Kumar
by impersonating the informant. While concluding
argument, it is submitted that petitioners are men of clean
antecedents.
6. Learned APP opposes the prayer of bail.
7. Despite of service of notice, informant failed to
join present proceeding.
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8. In view of aforesaid factual submission and by
taking note of fact as dispute, in issue, primarily appears
civil dispute, accordingly both above-named petitioners, in
the event of their arrest or surrender before the court below
within a period of four weeks, are directed to be 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 Addl. Sessions Judge VII,
Darbhanga /concerned Court, where the case is pending in
connection with Laheriasarai P.S. Case No. 381 of 2021,
subject to the conditions as laid down under Section 482(2)
of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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