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Patna High Court

Tokhan sahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioner.

Summary

The petitioner, Tokhan Sah, applied for anticipatory bail in a case involving alleged forgery and fraud in the sale of land belonging to the informant, Geeta Devi. The FIR alleged offences under IPC sections 419, 420, 467, 468, 471 and 34, claiming that co‑accused Krishna Devi forged documents to transfer the land to the petitioner. The petitioner argued that the dispute was merely an inter‑se family matter, that Krishna Devi was a co‑sharer, and that he was a bona‑fide purchaser, supported by a supervision note and a pending title suit. The informant opposed bail, asserting that the petitioner and Krishna Devi colluded to create a forged deed. The court, noting the inter‑se nature of the dispute and the petitioner’s claim of bona‑fide purchase, granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNSS, 2023. The bail order required a bond of Rs 10,000 with two sureties and compliance within four weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite allegations of forgery and fraud under IPC sections 419, 420, 467, 468, 471 and 34.
  • Whether the existence of an inter‑se family dispute over land title precludes the grant of anticipatory bail.
  • Whether the petitioner qualifies as a bona‑fide purchaser, justifying bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • forgery
  • title suit
  • inter‑se dispute
  • IPC offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.41668 of 2025
                   Arising Out of PS. Case No.-248 Year-2023 Thana- KESARIA District- East Champaran
                 ======================================================
                 Tokhan sah son of Late Ram Laxman Sah village- Shambhu Chak, Ps-
                 Kalyanpur, Dist- East champaran

                                                                                   ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Gita Devi Vijay Tiwari R/o- Village- Shambhu Chak, P.S.- Kalyanpur, Dist.-
                 East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Nandan
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

5   21-01-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Kesariya Police Station Case No. 248 of 2023,

                   disclosing offences under Sections 419, 420, 467, 468, 471, 34

                   of the Indian Penal Code.

                                   3. As per the prosecution case lodged by informant

                   Geeta Devi stating therein that Ram Janam Tiwari had sold his

                   land on 26.02.2013 bearing Khata no. 237, Khesra No. 843,

                   having an area 1 Katha 9 dhur to the informant out of his 04

                   Katha and 09 dhur land and the remaining 3 Katha land was
Patna High Court CR. MISC. No.41668 of 2025(5) dt.21-01-2026
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          sold by Vijay Tiwari i.e., husband of the informant on

          09.04.2013 in the name of Nutan Devi who is daughter-in-law

          of informant. On 17.04.2023, co-accused Most. Krishna Devi

          had sold the land of informant and her daughter-in-law

          fraudulently by creating forged document in favour of Tokhan

          Sah which was identified by accused Suresh Tiwari and

          witnessed by accused Sachin Tiwari. It is also alleged that on

          30.08.2022 also, co-accused Most. Krishna Devi had executed a

          registered sale deed by changing her name as Shanti Devi, W/o-

          Murari Tiwary in lieu of Most. Krishna Devi, W/o- Late

          Maninath Tiwary.

                          4. Learned counsel for the petitioner submits that

          from perusal of the FIR, it would be evident that Krishna Devi,

          the vendor of the land, was the rightful owner, being the family

          members and relative of the informant. He further submits that

          during course of investigation, the supervising authority has

          given a supervision note stating that vendor of the land was one

          of the co-sharers, but out of 4 kattha 9 dhur of land, brother of

          the informant sold 1 kattha and 9 dhur in favour of the

          informant and 3 kattha was sold in favour of daughter-in-law of

          the informant. It has been submitted that a title suit has been

          filed by the informant in which petitioner is defendant having
Patna High Court CR. MISC. No.41668 of 2025(5) dt.21-01-2026
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          Title Suit No. 323 of 2025. The allegation made in the FIR and

          the investigation report shows that there was inter-se dispute of

          share and title between the parties.

                          5. On the other hand, learned counsel for the

          informant opposes the prayer for anticipatory bail and submits

          that the vendor Krishna Devi and the petitioner Tokhan Sah

          connived with each other and created a forged sale deed of the

          land upon which the informant is having a rightful possession,

          title and interest. The co-accused Krishna Devi, in the past also

          had sold the land in favour of the petitioner.

                          6. Having regard to the submissions made on

          behalf of the parties and taking into consideration the nature of

          allegation and the supervision report and the fact that the vendor

          is claiming title on the basis of her being the family members of

          the informant and the petitioner is a bona fide purchaser, I am

          inclined to grant the petitioner privilege of anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,
           Patna High Court CR. MISC. No.41668 of 2025(5) dt.21-01-2026
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                     East Champaran, Motihari, in connection with Kesariya Police

                     Station Case No. 248 of 2023, subject to the condition laid

                     down under Section 438 (2) of the Code of Criminal

                     Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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