Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the case is primarily civil and his role is limited to identification of the deed.
Summary
Manoj Kumar, the son of Basanti Devi, was arrested in connection with an FIR alleging forgery of a 1970 sale deed and related offences under the Bhartiya Nayay Sanhita 2023. The petitioner contended that he was merely an identifier of the deed and not a beneficiary, arguing that the dispute was essentially civil and the criminal case was unwarranted. The prosecution could not refute that his role was limited to identification. The court observed that the matter primarily involved a civil land dispute and, considering the petitioner’s limited involvement, granted bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner, being only an identifier of the alleged forged sale deed, is liable to be kept in custody for the offences alleged under the BNSS.
- Whether the criminal proceedings are appropriate given that the underlying dispute appears to be civil in nature.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 482(2), 61(2)
Subjects
- bail
- forgery
- sale deed
- civil dispute
- criminal procedure
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36762 of 2025
Arising Out of PS. Case No.-138 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali
======================================================
Manoj Kumar S/o Late Ram Prasad Rai R/o Vill- Hilalpur, P.S.- Industrial
Area, Distt- Vaishali. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Raj Kmari Devi Femal W/o- Late Keshav Murti Prasad Chaudhary R/o-
Village - Jethui P.S. - Industrial Area District - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 06-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Industrial Area P.S. Case No. 138 of 2024
registered for the offences punishable under Sections 318(4),
338, 336(3), 340(2), 61(2) of Bhartiya Nayay Sanhita 2023.
3. The allegation against the petitioner is to identify the
sale deed which alleged to be forged.
4. It is submitted by Mrs. Vaishnavi Singh, learned
counsel appearing on behalf of the petitioner that the maximum
allegation available against this petitioner is to identify the sale
deed which was executed by his mother, namely, Basanti Devi in
Patna High Court CR. MISC. No.36762 of 2025(6) dt.06-01-2026
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favour of one Dilip Kumar. It is pointed out that the implication of
this petitioner is only for the reason that he is son of Basanti Devi.
It is submitted that the petitioner is not the beneficiary of any
monetary transactions arising out of alleged sale and moreover,
the dispute in issue is civil dispute, for which the present criminal
case is unoccasioned and unwarranted.
5. Arguing further, it is submitted that the land in issue
was alleged to sale in year 1970 by creating forged documents but
till date no steps for cancellation of alleged forged document/sale
deed was made before competent civil court by the
informant/opposite party no. 2. It is submitted that in year 1970
the mutation of the land in issue was in favour of father of the
petitioner, who is the husband of co-accused Basanti Devi. It is
pointed out that the FIR in issue was not lodged for the offences
punishable for organized crime.
6. Explaining criminal antecedents, it is submitted that
petitioner found involved in three more criminal cases, where he is
on bail and all these three cases arising out of land disputes.
7. Learned APP while opposing the prayer of bail could
not disputed the submission that petitioner was only identifier of
the sale deed in issue.
8. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.36762 of 2025(6) dt.06-01-2026
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taking note of fact as the disputes primarily appears civil in nature,
where the petitioner was only the identifier of the alleged sale
deed, accordingly, above named petitioner, in the event of his
arrest or surrender before the learned trial Court, within a period
of four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-14, Vaishali at
Hajipur/concerned Court, where the case is pending in connection
with Industrial Area P.S. Case No. 138 of 2024 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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