Patna High Court
Rajkumar Ram @ Rajkumar KediaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the dispute is essentially civil and is pending before the appropriate civil forum.
Summary
The petitioners, Rajkumar Ram and Sanjiv Kumar Tulsyan, were arrested in connection with a 2016 police case alleging forgery and cheating related to a piece of land. They contended that the core dispute was a civil land matter, already before the District Magistrate and the Bihar Land Tribunal, and that the criminal charges were being used to press a civil claim. The State opposed bail but could not refute the claim that the underlying issue was civil. The court observed that the dispute was indeed civil and pending before the appropriate forum, and therefore exercised its inherent powers under Section 482(2) of the Criminal Procedure Code to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties, and they were to be released within four weeks of the order.
Issues considered
- Whether the alleged offences arising from a land dispute constitute a criminal matter warranting continued detention.
- Whether bail can be granted when the substantive dispute is civil and pending before a competent civil forum.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 323, 341, 379, 420, 427, 467, 468, 471
Subjects
- bail
- civil dispute
- land dispute
- forgery
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- pending civil suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48359 of 2024
Arising Out of PS. Case No.-208 Year-2016 Thana- ALOULI District- Khagaria
======================================================
1. Rajkumar Ram @ Rajkumar Kedia S/o Late Baijnath Ram R/o Mohalla -
Henry Bazar, P.S. - Motihari Town, Distt. - East Champaran.
2. Sanjiv Kumar Tulsyan @ Sanjiv Tulsyan @ Sanjeev Tulsiyan S/o Prahlad
Roy Tulsyan R/o 1, Mayaram Market, Mayaram Road, P.S. and Distt. -
Khagaria.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr.Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
For the Informant : Mr.Santosh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 02-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioners apprehending their arrest in
connection with Alauli P.S. Case No. 208 of 2016 registered for
the offences punishable under Sections 147, 148, 341, 323, 379,
427, 420, 467, 468, 471/34 of the Indian Penal Code.
3. The allegation against the petitioners is to cheat
informant by creating forged document for a piece of land,
measuring about 11 katha 18 dhurs of Mauza Rampur Alauli,
Thana No. 199 and Jamabandi No. 833.
4. Mr. P.N. Sharhi, learned senior counsel, while arguing
Patna High Court CR. MISC. No.48359 of 2024(5) dt.02-02-2026
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for petitioners submitted that the dispute between the parties
primarily appears civil in nature. It is pointed out by Mr. Shahi that
in fact the revenue record was interpolated by the agnate of
petitioner no. 2, namely, Neeraj Tulsyan. It is further submitted
that taking shelter of aforesaid interpolation/fabrication, the
informant just to five colour of his illegal act, as a legal act,
preferred a Jamabandi case before the D.M., Khagaria, which
without proper appreciation of fact and scrutinizing the alleged
interpolation, passed Jamabandi order in favour of informant,
which upon appeal before the Divisional Commissioner, Munger
was set aside in favour of petitioners against which the informant
further preferred an appeal, which is pending before the Bihar
Land Tribunal, Patna.
5. Explaining criminal antecedent, it is submitted by Mr.
Shahi that the petitioner no. 1 involved in six more criminal cases
and petitioner no. 2 involved in ten more criminal cases, which all
are of similar in nature arising out of land dispute, where the
several cases are with agnate of petitioners.
6. Learned APP, duly assisted by learned counsel Mr.
Santosh Kumar Singh, appearing on behalf of the
informant/opposite party no. 2, while opposing the prayer of bail
could not disputed the submission that core dispute is civil in
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nature arising out of land dispute, for which the appeal is pending
before the BLT as submitted aforesaid by Mr. Shahi.
7. In view of aforesaid factual submissions and by
taking note of fact as primarily dispute between the parties are
civil in nature, for which the matter is pending before the
appropriate forum as submitted aforesaid, accordingly, both above
named petitioners, in the event of their arrest or surrender before
the learned trial Court, within a period of four weeks of the order,
is directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Sessions
Judge VIIth, Khagaria/concerned Court, where the case is pending
in connection with Alauli P.S. Case No. 208 of 2016 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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