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Patna High Court

Bablu Kumar @ Jitendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the allegations stem from a civil dispute and there was no likelihood of the petitioner absconding or tampering with evidence.

Summary

The petitioner, Bablu Kumar, was implicated in a complaint alleging conspiracy to forge a partition deed to unlawfully acquire land, invoking IPC sections 420, 467, 468 and 471. He contended that the partition of the ancestral property was lawfully completed in 2011, that his mutation of share was duly ordered in 2020, and that the subsequent dispute is purely civil, not criminal. The State and the complainant opposed his request for anticipatory bail, arguing the seriousness of the alleged offences. The court examined the nature of the allegations and the civil character of the underlying land dispute, finding no immediate risk of the petitioner absconding or tampering with evidence. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted in a complaint case involving alleged forgery and cheating under IPC sections 420, 467, 468 and 471
  • Whether the civil nature of the land‑partition dispute negates criminal liability and justifies bail

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • cheating
  • partition deed
  • civil dispute
  • IPC
  • CrPC
  • section 482
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.39711 of 2026
                   Arising Out of PS. Case No.-1184 Year-2024 Thana- NALANDA COMPLAINT CASE
                                                    District- Nalanda
                 ======================================================
                 Bablu Kumar @ Jitendra Prasad Son of Late Chandrika Prasad @Chandrika
                 Ram Resident of Village -Panditpur PS -Rajgir Distt -Nalanda

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    Vimala Devi Wife of Late Chandrika Prasad Resident of Village -Panditpur
                 PS -Rajgir Distt -Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :     Mr. Om Prakash Maharaj, Advocate
                 For the State           :     Mr. Parmanand Kumar, APP
                 For Opposite Party No. 2:     Mr. Alok Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                 Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned       counsel     appearing        on     behalf       of       the

                   complainant/Opposite Party No. 2.

                               2. The petitioner apprehends his arrest in a complaint

                   case registered for the offence punishable under Sections 420,

                   467, 468 and 471 of the Indian Penal Code.

                               3. As per prosecution case, complainant alleged that

                   all the accused persons, including this petitioner, entered into a

                   conspiracy and prepared forged partition deed by fabricating

                   complainant’s signature in order to grab the land she inherited.
Patna High Court CR. MISC. No.39711 of 2026(2) dt.24-06-2026
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          It is alleged that the accused persons got the land mutated and

          transferred in the name of one of the accused person on the basis

          of forged and fabricated documents.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. The present case has been brought after

          more than 13 years of the partition among the family members

          of the complainant. As a matter of fact, the partition of the

          ancestral property was done with the consent of the complainant

          and other brothers in which there has been no fabrication at all.

          Since the partition was made final among the family members in

          the year 2011 itself and no one in the family had any objection

          but later on, when the land which fell in the share of this

          petitioner became costly, the complainant, on the instance of

          other sons, started making objection. It is further submitted that

          after partition of the ancestral property, the petitioner presented

          an application for mutation of his share before the Circle

          Officer, Rajgir, who after perusing the report of the Halka

          Karamchari, ordered mutation in favour of the petitioner vide

          order dated 24.12.2020 in Mutation Case No. 784-R-27/2000

          after       following         due        process.    Thereafter,   the

          complainant/Opposite Party No. 2 moved before the D.C.L.R.,
Patna High Court CR. MISC. No.39711 of 2026(2) dt.24-06-2026
                                            3/4




          Rajgir, Nalanda for cancellation of Jamabandi of the petitioner

          and after hearing both the parties, the D.C.L.R., Rajgir, Nalanda

          dismissed the appeal and upheld the order of Circle Officer,

          Rajgir. Thereafter, the complainant filed a title suit bearing Title

          Suit No. 360 of 2021 before the learned Additional Judge, VII,

          Bihar Sharif, Nalanda, however, later on, she filed an

          application under Order XXIII Rule I to withdraw the title suit

          and subsequently, the same was dismissed as withdrawn vide

          order dated 29.03.2022. The dispute is purely civil in nature and

          none of the acts, allegedly committed by this petitioner, would

          give rise to any criminal liability.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the complainant/Opposite Party No. 2 have

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner.

                       6. Considering the facts and circumstances of the case

          and nature of accusation, the prayer for grant of anticipatory bail

          to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.39711 of 2026(2) dt.24-06-2026
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                       each to the satisfaction of learned Judicial Magistrate, 1st Class,

                       Bihar Sharif, Nalanda in connection with Bihar Sharif

                       Complaint Case No. 1184C of 2024, subject to condition as laid

                       down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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