Patna High Court
Bablu Kumar @ Jitendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 420, 467, 468, 471
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.,
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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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