Patna High Court
Suresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Indian Penal Code — s. 420, 468
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
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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
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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
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