Patna High Court
Ram Pravesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioner’s alleged involvement was merely incidental to his official duties and therefore granted anticipatory bail.
Summary
The petition sought anticipatory bail for Ram Pravesh Singh, a district registrar, who was named in a complaint alleging execution of a false sale deed using forged ration and Aadhar cards, constituting offences under IPC sections 420, 465, 468 and 471. Singh contended that he acted only in his official capacity, had no personal knowledge of the parties, and was merely a witness to the registration. The prosecution opposed the bail, arguing the seriousness of the alleged offences. The Court observed that the allegations arose from Singh's official duties and that his connection to the alleged fraud was remote. Accordingly, the Court granted anticipatory bail, directing release on a bail 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 petitioner, acting in his official capacity as registrar, is entitled to anticipatory bail for alleged offences under IPC sections 420, 465, 468 and 471.
- Whether the alleged remote connection of the petitioner to the fraud negates the necessity of his arrest.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 420, 465, 468, 471
Subjects
- anticipatory bail
- forgery
- cheating
- official capacity
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36816 of 2025
Arising Out of PS. Case No.-1580 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Ram Pravesh Singh S/o Chandrama Singh Posted Kammissioner jila
Nibandhan Karyalay Motihari R/o Village- Rajokhar P.s.- Gopalganj
District-Gopalganj
2. Anil Mishra S/o Navnath Mishra R/o Izra, P.S.-Sangrampur, District-East
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Most. Shanti Devi W/o Late Yogendra Ram R/o Village-Jamla, P.S.-Motihari
Muffasil, District-East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Ranjana Srivastava, Adv
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
For the O.P. No. 2 : Mr. Dhurendra Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 22-01-2026 1. As prayer of anticipatory bail of petitioner no. 2
namely Anil Mishra becomes infructuous in terms of order
dated 09.07.2025 of this Court, therefore, present petition
now survives only for petitioner no. 1 namely Ram Pravesh
Singh.
2. The petitioner is named in the complaint petition
and apprehending his arrest in connection with Motihari
Complaint Case No. 1580C of 2022 registered for the
offences punishable under Sections 420, 465, 468 and 471 of
the Indian Penal Code.
Patna High Court CR. MISC. No.36816 of 2025(7) dt.22-01-2026
2/3
3. The allegation against petitioner is to execute
false sale-deed by way of impersonation by using forged and
fabricated ration card and aadhar card etc.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner was the registrar of the
office, where sale-deed was executed and he has no personal
knowledge qua parties and only upon identification witnesses
he registered sale-deed in his official capacity. It is also
pointed out that petitioner is very remotely connected with
the allegation in issue. It is also submitted that buyer of the
land namely Rani Devi and Dasharath Ram have been granted
anticipatory bail by one of the learned Co-ordinate Bench of
this Court through Cr. Misc. No. 45680 of 2025 dated
04.11.2025.
5. Learned APP duly assisted by learned counsel for
the informant opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation against petitioner appears
due to his official capacity, where petitioner having very
remote connection with the allegation, accordingly petitioner
Patna High Court CR. MISC. No.36816 of 2025(7) dt.22-01-2026
3/3
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. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned J.M. 1st Class, East Champaran,
Motihari/concerned Court, where the case is pending in
connection with Motihari Complaint Case No. 1580C of 2022,
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
Checking your session…