Created by Fuzzy Cloud

Patna High Court

Suresh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties and conditions of appearance.

Summary

The petitioner, Suresh Yadav, was arrested in connection with a complaint alleging fraud and forgery under Sections 420 and 468 of the Indian Penal Code, relating to a fake sale deed of land. The prosecution alleged that the petitioner, along with co‑accused, fraudulently obtained a land deed that had been gifted to the complainant. The petitioner’s counsel argued that he was merely a witness to the deed and that the matter was essentially civil, seeking bail after being in custody since 4 November 2025. The State opposed bail, contending the petitioner was complicit in the offence. The High Court, after considering the facts and noting that the petitioner’s role was limited to witnessing, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of physical presence during trial. The bail order also disposed of any pending interim applications.

Issues considered

  • Whether bail should be granted to an accused under Sections 420 and 468 of the IPC when the accused claims to be only a witness to the alleged fraudulent deed.

Legislation cited

Subjects

  • bail
  • IPC 420
  • IPC 468
  • fraud
  • forgery
  • witness
  • civil remedy
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4000 of 2026
                    Arising Out of PS. Case No.-275 Year-2004 Thana- KHAGARIA COMPALINT CASE
                                                     District- Khagaria
                 ======================================================
                 Suresh Yadav S/o Late Rasho Yadav R/o Vill- Barua, P.S.- Alouli, Distt-
                 Khagaria, Bihar

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Shyama Devi Wife of Yogendra Yadav Resident of Village- Khaira Kothi,
                 P.S- Bihthan, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rabish Kumar, Advocate
                 For the Opposite Party/s :    Mr. Ram Bilash Roy Raman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   24-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel appearing for the Opposite

                   Party No.2.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 420 and 468 of the I.P.C.

                                3. As per the prosecution case, petitioner along with

                   co-accused persons have fraudulently got a fake kevala of a land

                   which was given to complainant and witness no. 2 by the father

                   of the complainant by executing a gift deed.

                                4. Learned counsel for the petitioner submits that the

                   present case arises out of a complaint with regard to execution

                   of fraudulent and a fake sale deed given to the complainant. A
Patna High Court CR. MISC. No.4000 of 2026(4) dt.24-02-2026
                                            2/3




          bare perusal of the complaint petition would indicate that the

          petitioner is merely a witness to the said sale deed and the thrust

          of allegation is on other co-accused persons. Learned counsel

          for the petitioner submits that allegation are purely civil in

          nature and the informant always has the option of exercising

          other alternative remedies. Petitioner is in custody since

          04.11.2025 and charges have also been framed.

                       5. Learned APP for the State and learned counsel for

          the informant, however, oppose the bail petition on the ground

          of the complicity of the petitioner in the alleged offence.

                       6.    Taking      into     consideration   the   facts   and

          circumstances of the case and also considering the fact that the

          petitioner is merely a witness of the sale deed and charges have

          already been framed in the case, the above named petitioner is

          directed to be enlarged on bail on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor Court in connection with

          Complaint Case No. 275C of 2004, subject to the condition

          that :

                       (i) The petitioner shall remain physically present in

          court on each and every date during trial and in the event of
             Patna High Court CR. MISC. No.4000 of 2026(4) dt.24-02-2026
                                                         3/3




                       failure on two consecutive dates without sufficient reasons, his

                       bail bonds shall be liable to be cancelled by the learned court

                       concerned.

                                    7. Pending I.A, if any, stands disposed of.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.