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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U         T


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