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Patna High Court

Nibha Kumari @ Wibha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioners, a group of relatives from Vaishali district, sought anticipatory bail fearing arrest in a criminal case registered under sections 419, 420, 467, 468, 471, 472 and 34 of the Indian Penal Code concerning an alleged fraudulent sale of land. The prosecution alleged that Binod Mahto fraudulently sold the informant's land to Raghubansh Ray, prompting the filing of the case on 4 June 2024. The petitioners contended that the matter was essentially a civil land dispute, that they had no prior criminal record, and highlighted that a co‑accused had already been granted anticipatory bail in a related proceeding (Cr. Misc. No. 5190 of 2025). The State opposed the grant of anticipatory bail. The Court, noting the civil nature of the dispute, the absence of antecedents, and the precedent of bail to a co‑accused, ordered that the petitioners be released on anticipatory bail if arrested or if they surrender within six weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC. The order thus granted anticipatory bail to the petitioners.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case involving alleged cheating and forgery.
  • Whether the civil nature of the underlying land dispute and lack of criminal antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • cheating
  • forgery
  • civil dispute
  • Criminal Procedure Code
  • Section 438
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5897 of 2026
                       Arising Out of PS. Case No.-223 Year-2024 Thana- MAHNAR District- Vaishali
                 ======================================================
           1.     Nibha Kumari @ Wibha Devi Wife of Chuman Kumar Ray Resident of
                  village- and Post- Sultanpur,Ps- Desari, Dist- Vaishali
           2.    Munni Ray son of Kamal Ray Resident of village- and Post- Sultanpur,Ps-
                 Desari, Dist- Vaishali
           3.    Ranjeet Kumar @ Rejeet Kumar Ray son of Bigan Ray Resident of village-
                 and Post- Sultanpur,Ps- Desari, Dist- Vaishali
           4.    Rajesh Kumar Ray son of Anil Ray Resident of village- Ganiyari, Ps-
                 Desari, Dist- Vaishali
           5.    Asha Devi @ Asha Devi Ray Wife of Anil Ray Resident of village-
                 Ganiyari, Ps- Desari, Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar bihar
           2.    Arun Mahto son of Late Shivjee Mahto Resident of village- and Post-
                 Sultanpur,Ps- Desari, Dist- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                2. Petitioner apprehends their arrest in a case

                   registered for the offences punishable under sections 419,

                   420, 467, 468 471, 472, 34 of the Indian Penal Code.

                                3. The case of the prosecution is that the land

                   belonging to the informant was fraudulently sold off by one
Patna High Court CR. MISC. No.5897 of 2026(2) dt.04-02-2026
                                            2/3




          Binod Mahto to the Raghubansh Ray and after coming to

          know of the same on 04.06.2024 and finding the same from

          the registry office, the informant filed the present case.

                       4. Learned counsel for the petitioners submits that

          it is a case of land dispute between the parties. It is next

          submitted that the petitioners have got no criminal

          antecedent. One of the co-accused has already granted

          anticipatory bail by the Co-ordinate Bench of this Court

          vide order dated 06.08.2025 in Cr. Misc. No. 5190 of 2025.

                       5. Learned counsel for the State however, opposes

          the anticipatory bail of the present petitioners.

                       6. Considering the rival contentions and also

          taking into consideration that fact that there is a civil

          dispute going on between the parties and one of the co-

          accused has already granted anticipatory bail by the Co-

          ordinate Bench of this Court vide order dated 06.08.2025 in

          Cr. Misc. No. 5190 of 2025 , let the above named

          petitioners be released on bail in the event of their arrest or

          surrender before the trial court within a period of six weeks

          from today on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) each with two sureties of the like amount each to
           Patna High Court CR. MISC. No.5897 of 2026(2) dt.04-02-2026
                                                       3/3




                     the satisfaction of learned Judicial Magistratre, 1st Class,

                     Hajipur in connection with Mahnar P.S.Case No. 223 of

                     2024, subject to condition as laid down under Section

                     438(2) of the Cr.P.C.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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