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Patna High Court

Pradeep Kumar @ Pradeep Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
              Patna High Court CR. MISC. No.30736 of 2025(6) dt.20-01-2026
                                                          3/3




                                     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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