Patna High Court
Prem Nath Rai @ Prem NathversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the matter is primarily civil and granted bail to the petitioner.
Summary
The petitioner, Prem Nath Rai, was named in a 2018 complaint alleging that he forged documents and impersonated a deceased person to withdraw compensation awarded by NHAI for land acquisition, thereby cheating the complainant of Rs.42,79,770 under IPC Sections 420 and 468. The petitioner contended that the compensation had already been lawfully awarded to him, the complainant’s objections were ignored, and the criminal complaint was a false, civil‑law matter. The State argued that the petitioner had indeed impersonated the deceased and fraudulently obtained the money. The Court observed that the dispute was essentially civil, given the compensation award in the petitioner’s favour, and therefore bail was appropriate. Accordingly, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the allegations under IPC Sections 420 and 468 constitute a cognizable offence warranting arrest when the underlying dispute appears civil in nature.
- Whether bail should be granted under Section 438(2) of the Cr.P.C. in view of the civil character of the dispute and the existing compensation award.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420, 468
Subjects
- bail
- criminal complaint
- land acquisition
- forgery
- cheating
- IPC
- civil dispute
- compensation
- NHAI
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36360 of 2025
Arising Out of PS. Case No.-3682 Year-2018 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Prem Nath Rai @ Prem Nath Late Lal Babu Rai Resident of chak Binda P.S-
Gardanibagh, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arvind Kumar @ Uma Shankar S/o- Sri Jagdish Prasad Resident of Chak
Binda P.S- Gardanibagh, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Adv
For the Opposite Party/s : Mr.Binod Kumar, APP
For the O.P. No. 2 : Mr. Ashok Kumar Garg, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 22-01-2026 Heard the parties.
2. The petitioner is named in the complaint petition and
apprehending his arrest in connection with Complaint Case No.
3682(C) of 2018 registered for the offences punishable under
Sections 420 and 468 of the IPC.
3. As per complaint, petitioner withdrew the
compensation amount out of land acquisition by way of creating
forged documents and impersonations due to which the
complainant suffered financial loss of Rs. 42,79,770/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that after proper notification acquisition of
land in issue was initiated by NHAI. It is submitted that the
Patna High Court CR. MISC. No.36360 of 2025(5) dt.22-01-2026
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objection was filed by complainant, which was also not taken into
consideration by the authority concerned and taking note of the
documents as available on record the compensation against land
acquisition was awarded in the favour of petitioner. It is submitted
that as a matter of an afterthought to create a pressure, present
false criminal complaint was lodged against petitioner which was
completely un-occasioned and unwarranted. While concluding
argument, it is submitted that still the jamabandi of disputed land
is existing in favour of this petitioner, who is a man of clean
antecedent.
5. Learned APP duly assisted by learned counsel for the
informant while opposing the prayer of bail submitted that by way
of impersonating Jamuni Devi, who died in the year 2011,
petitioner withdrew the compensation amount as awarded by NHAI
for the land acquisition.
6. In view of aforesaid factual submission and by taking
note of fact as dispute primarily appears civil in nature, where
taking note of objections as preferred by complainant, acquisition
authority already awarded compensation in favour of petitioner,
accordingly petitioner above-named, in the event of his 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.
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10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned J.M. 1 st Class,
Patna/concerned Court, where the case is pending in connection
with Complaint Case No. 3682(C) of 2018, 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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