Patna High Court
Amit Kumar RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner, as the alleged administrative act did not amount to a cognizable offence under the cited provisions.
Summary
The petitioner, Amit Kumar Ranjan, an Additional District Land Acquisition Officer, was charged under sections 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly approving a mutation of Gairmajarua land that had previously been rejected. The prosecution was based on a written complaint by Circle Officer Nisha Singh, relying on a three‑member Enquiry Committee report that highlighted contradictory approvals by revenue officials, including the petitioner. The petitioner contended that mutation orders are purely administrative, subject to statutory appeal and revision under the Bihar Land Mutation Act, 2011, and that no fraudulent intent or personal gain was involved. He argued that criminal liability could not arise absent forgery or dishonest intention and that the enquiry committee should have recommended cancellation of the order rather than prosecution. The Court, noting the petitioner’s clean antecedent and the lack of evidence of personal gain, granted bail on a bond of Rs.10,000 with two sureties, invoking section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner’s approval of a land mutation order can constitute an offence under sections 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the absence of fraudulent intent or personal gain precludes criminal liability for a public servant performing administrative duties.
- Whether bail should be granted to the petitioner pending trial under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2)
- Bihar Land Mutation Act, 2011
Subjects
- bail
- land mutation
- public servant liability
- administrative order
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- Bihar Land Mutation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39656 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- JHAJHA District- Jamui
======================================================
Amit Kumar Ranjan S/o- Rajendra Prasad @ Rajendra Yadav Resident of
Binova Nagar, V K S Colony Gaya Bihar, Presently Poste as Additional
District Land Acquisition Officer, Nawada ... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Nisha Singh, Circle Officer, Jhajha, Jamui Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Sharma, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 318(4), 338, 336(3)
and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
3 . The prosecution case was registered based on a
written application by Nisha Singh, Circle Officer, Jhajha,
acting on an official communication from the District
Magistrate-cum-Collector, Jamui. The letter noted that
following an inquiry at the Jhajha Circle Office on February 27,
2026, a three-member Enquiry Committee—originally
constituted on February 25, 2026—submitted its report on
Patna High Court CR. MISC. No.39656 of 2026(2) dt.24-06-2026
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March 5, 2026. The report revealed that the then Revenue
Officer, Sri Awdhesh Kumar, the then In-charge Revenue
Officer, Sri Ramanand Das, and the then Circle Officer, Sri Amit
Kumar Ranjan, had initially rejected a mutation application on
the grounds that the property fell under Gairmajarua Khata and
Khasra; however, they subsequently and contradictorily
approved the mutation of the exact same Gairmajarua land in
favor of certain riyats, leading to the registration of this case
against the accused persons.
4. It is submitted on behalf of the petitioners that
petitioner is quite innocent and has falsely been implicated in
this case due to misconception of facts by the Enquiry
Committee. The petitioner has passed mutation order on the
basis of the report of the revenue Karamchari and the
verification report of the revenue officer, the then C.I. and on
perusal of documents submitted therewith. It is further
submmitted that Bihar Land Mutation Act, 2011 clearly
demonstrates that an order passed in mutation proceeding is
always subject to appeal, revision and correction under the
statutory mechanism and therefore mere passing of mutation
orders cannot give rise to criminal liability in absence of any
allegation of personal gain, forgery or dishonest intention. The
Patna High Court CR. MISC. No.39656 of 2026(2) dt.24-06-2026
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petitioner has not cheated anyone nor committed any forgery of
any document. It is relevant to mention that identical allegations
exist against the informant of the present case, yet she has not
been arrayed as an accused, which clearly demonstrates a
double standard in the findings of the Enquiry Committee.
Furthermore, rather than initiating criminal proceedings, the
Enquiry Committee itself ought to have recommended the
statutory cancellation of the mutation order in question. Given
that the petitioner is a public servant who passed the alleged
orders in the bona fide discharge of his official duties, his
prosecution in the present case is entirely illegal, and the alleged
offenses are simply not made out against him. Petitioner claims
clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, materials available
on record clean antecedent of the petitioner and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.39656 of 2026(2) dt.24-06-2026
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Jamui in connection with Jhajha P.S. Case No. 100 of 2026 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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