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Patna High Court

Kailash JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


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