Raj Kumar RoyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40499 of 2026
                    Arising Out of PS. Case No.-449 Year-2022 Thana- NATHNAGAR District- Bhagalpur
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                 Raj Kumar Roy, S/o Ramjivan Roy, R/o Shivpuri Colony, P.S.- Ishakchak,
                 Distt.- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Pravina Kumari, Advocate
                                                  Mr. Bijendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                   Heard learned Advocate for the petitioner and the

                   learned APP for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Nathnagar (Madhusudanpur) P.S. Case No. 449

                   of 2022 registered for the offences under Sections 406, 420,

                   467, 468/34 of the Indian Penal Code.

                                 3. Allegedly an unknown person executed the sale

                   deed and sold the informant’s ancestral land in favour of Shweta

                   Kumari in the office of the Registrar, Bhagalpur without his

                   consent. The land originally belonged to the informant’s grand

                   mother and her family, who have been paying revenue and

                   cultivating it. The petitioner is said to be the one of the witness

                   to the sale deed.
Patna High Court CR. MISC. No.40499 of 2026(2) dt.01-07-2026
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                       4. Learned Advocate for the petitioner submitted that

          since the purchaser of the land, in question, was a local residents

          and, as such, the petitioner knowing very well, put his signature

          as a witness on the sale deed. The petitioner has neither played

          any role in the agreement to sale nor it is the case of the

          prosecution that he has received any consideration amount and

          only on account of he being the witness to the sale deed, his

          name has been implicated in order to wreak vengeance. The

          offences even if alleged in the F.I.R. is taken to be true,

          predominantly appears to be civil in nature and the informant

          has specific remedy available under the law.

                       5. On the other hand, learned APP for the State

          opposes the bail application and submits that the petitioner is

          also accused in identical nature of case and, as such, he appears

          to be indulged in such type of activity.

                       6. Regard being had to the submissions advanced by

          the learned Advocate for the respective parties and considering

          the fact that save and except the allegation that the petitioner is a

          witness to the sale deed, in question, whereby the sale deed with

          respect to the questioned land has been executed in favour of

          co-accused Shweta Kumari, there is no allegation of fraud and

          realization of any amount, besides the dispute appears to be a
             Patna High Court CR. MISC. No.40499 of 2026(2) dt.01-07-2026
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                       civil in nature, let the petitioner, named above, in the event of

                       his arrest or surrender before the court below within four weeks

                       from the date of receipt/production of a copy of this order, be

                       released on bail on furnishing bail bonds of Rs.10,000/- (Rupees

                       ten thousand) with two sureties of the like amount each to the

                       satisfaction of learned Chief Judicial Magistrate, Bhagalpur in

                       connection with Nathnagar (Madhusudanpur) P.S. Case No. 449

                       of 2022, subject to the condition as laid down under Section 482

                       (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the

                       further condition that one of the bailors shall be the own/close

                       relative of the petitioner.



                                                   (Harish Kumar, J)
uday/-

U        T