Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Raj Kumar, was arrested in connection with a case registered under several sections of the Bhartiya Nyaya Sanhita for allegedly providing false information to obtain mutation of land, claiming sole heir status despite having five brothers. He applied for bail, arguing that his request for mutation was made through the revenue department’s e‑portal with the knowledge of his brothers and that no complaint was lodged against him by them. The prosecution opposed bail. The court noted that the co‑sharers had not filed any complaint and that the allegations did not, on a prima facie basis, justify continued detention. Consequently, 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 CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The bail order was conditioned on surrender within four weeks and compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS in view of the allegations under the B.N.S.
- Whether the absence of a complaint by co‑sharers affects the necessity of pre‑trial detention
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 324(5), 336(3), 336(4), 339, 340(2), 61(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- false information
- land mutation
- criminal procedure
- B.N.S.
- BNSS
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36674 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- NAWADA District- Nawada
======================================================
Raj Kumar S/o Late Bhuneswar Prasad @ Muneshwar Prasad R/o Village-
Prasad Bigha, PS-Nawada town and Distt.- Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Advocate
Mr. Bhola Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Nawada Town
P.S. Case No.75 of 2026 registered under Sections 318(4),
324(5), 336(3), 336(4), 339, 340(2) and 61(2) of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. Allegation against petitioner is to furnish the
wrong information for the purpose of mutation of land,
where he shown himself as only heirs of his parents,
whereas he has five more brothers.
4. It is submitted by learned counsel appearing for
petitioner that the petitioner only made a request through e-
Patna High Court CR. MISC. No.36674 of 2026(2) dt.16-06-2026
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e-portal of Revenue Department for mutation of 5.25
decimals of land, where no such averment was raised. It is
pointed out that said request was not further pressed by
petitioner. It is submitted that request was made with
knowledge of rest of the brothers and for that reason only
none of the brothers came forward to lodge any complaint
with informant as the informant, who is the revenue staff.
The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the other co-sharers prima facie not
appears to lodge complaint before any revenue authorities
against petitioner, accordingly, the petitioner, above-named,
in the event of his arrest or surrender in the court below
within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial
Magistrate, Nawada in connection with Nawada Town P.S.
Case No.75 of 2026, subject to the conditions as laid down
Patna High Court CR. MISC. No.36674 of 2026(2) dt.16-06-2026
3/3
under Section 438(2) of the Code of Criminal Procedure (in
short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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