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Patna High Court

Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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