Patna High Court
Kailash JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the matter is primarily a civil dispute and therefore granted bail to the petitioners.
Summary
The petitioners – Kailash Jha, Anand Kumar Jha and Mahant Shri Nivas Das – were named in a criminal complaint (C.R. No. 894 of 2022) alleging cheating under Section 420 IPC for allegedly preventing the complainant from cultivating a field and assaulting him. The petitioners contended that the dispute was essentially a civil land dispute, noting that a title suit (No. 528/2022) was already pending before the Sub‑Judge, Rosera. They applied for bail, asserting a clean antecedent. The learned Assistant Public Prosecutor could not refute the claim that the matter was a civil dispute. The Court, observing that the controversy was primarily civil and that criminal proceedings were unwarranted, ordered the petitioners to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS. The bail order effectively discharged the petitioners pending the resolution of the civil suit.
Issues considered
- Whether the complaint under Section 420 IPC is maintainable when the underlying dispute is a civil land matter.
- Whether bail should be granted to the petitioners pending the outcome of the pending title suit.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420
Subjects
- cheating
- Section 420 IPC
- civil land dispute
- title suit
- bail
- Criminal Procedure Code
- Section 438
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49781 of 2025
Arising Out of PS. Case No.-894 Year-2022 Thana- COMPLAINT CASE - ROSERA
District- Samastipur
======================================================
1. Kailash Jha S/o Late Babu Saheb Jha Resident of Village- Mustafapur, PS-
Bibhutipur, District- Samastipur
2. Anand Kumar Jha s/o Kailash Jha Resident of Village- Mustafapur, PS-
Bibhutipur, District- Samastipur
3. Mahant Shri Nivas Das Chela of Guru Narayan Das Resident of Village-
Mustafapur, PS- Bibhutipur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Hare Ram Jha S/o Late Babu Saheb Jha Resident of Village- Mustafapur,
ward no. 5, PS- Bibhutipur, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhoy Kumar Kashyap
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-03-2026 Heard the parties.
2. The petitioners are named in the complaint
petition and apprehending their arrest in connection with
Complaint Case C.R. No. 894 of 2022 registered for the
offences punishable under Sections 420 of Tipc.
3. As per complaint, the petitioner no. 1,
namely, Kailash Jha stopped complainant and others from
cultivating the field between 22.05.2001 and 17.11.2022
Patna High Court CR. MISC. No.49781 of 2025(2) dt.18-03-2026
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and when on the last occasion he protested to cultivate
the field he was assaulted by petitioners.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that allegation is nowhere
suggesting that it is a case of cheating, rather it suggests
that it is a case of civil dispute arising out of land issue
and therefore reasons present criminal complaint is
completely un-occasioned and unwarranted. It is also
submitted that to settle aforesaid civil dispute a Title Suit
No. 528/2022 is pending before the court of learned Sub-
Judge 1, Rosera, Samastipur. While concluding argument,
it is submitted that petitioners claimed clean antecedent.
5. Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail could
not disputed aforesaid submission qua land dispute as
advanced by learned counsel for the petitioner.
6. In view of aforesaid factual submission and
by taking note of fact as dispute primarily appears civil in
nature arising out of land dispute for which a title suit as
Patna High Court CR. MISC. No.49781 of 2025(2) dt.18-03-2026
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mentioned aforesaid is pending between the parties,
accordingly all above-named petitioners, in the event of
their arrest or surrender before the court below within a
period of four weeks, are 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 SDJ.M.
Rosera/concerned Court, where the case is pending in
connection with Complaint Case C.R. No. 894 of 2022,
subject to the conditions as laid down under Section
438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
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