Patna High Court
Tokhan sahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 34, 419, 420, 467, 468, 471
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
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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,
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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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