Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
No criminal offence is made out against the petitioner; consequently, bail is granted subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Raj Kumar, was implicated in a criminal case (Kasma P.S. Case No.109 of 2025) alleging forgery and cheating in a land sale, under Sections 338, 336, 318(4) and 3(5) of the B.N.S.S. He contended that the sale deed was genuine, the dispute was civil in nature, and he had no role in any misrepresentation. The State and the informant opposed bail, asserting that the offences were made out. The Court examined the material and held that no criminal offence could be established against the petitioner, noting the absence of any forgery, cheating or misrepresentation. Relying on Harihar Sah v. State of Bihar (2023), the Court granted bail, subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The bail order also provided for cancellation of the bond if the petitioner concealed criminal antecedents or gave false statements.
Issues considered
- Whether the alleged facts constitute offences under Sections 338, 336, 318(4) and 3(5) of the B.N.S.S.
- Whether the petitioner is entitled to bail (or anticipatory bail) in view of the alleged offences and his criminal antecedents
- Whether the dispute is civil in nature and therefore not cognizable as a criminal offence
Legislation cited
- B.N.S.S. — s. 318(4), 336, 338, 3(5), 482(2)
Subjects
- bail
- forgery
- cheating
- civil dispute
- land sale
- criminal antecedents
- Section 482
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.604 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- KASMA District- Aurangabad
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Raj Kumar S/o Mohan Prasad Gupta Resident of - Bus Stand College Road,
Kasma Rafiganj, P.S - Rafiganj, District - Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shyam Kumar Sinha @ S.K Sinha S/o Late Vasudeo Narain Sinha R/o
Village - Deokali, P.O - Saravak, P.S - Kasma, District - Aurangabad At
present R/o - Plot No. 68, Prashasha Nagar, Road No. 72, Jubilee Hills, P.O -
Jubilee Hills, P.S - Jubilee Hills, District - Hyderabad, State - Telangana, Pin
- 500033
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar Singh, Advocate
For the State : Mr. Upendra Kumar, APP
For the Informant : Ms. Anjali Kumari, Advocate
Mr. Gaurav Govind, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Kasma P.S. Case No. 109 of 2025, dated
19.08.2025, registered for the offences punishable under
Sections 338, 336, 318(4) and 3(5) of BNS.
3. As per allegation, co-accused Amar Narayan/
nephew of the informant, Devaj Narayan/ nephew of the
informant and Arun Kishore Narayan/ uncle of the informant
have sold the parcel of land which has come in the share of
Patna High Court CR. MISC. No.604 of 2026(2) dt.28-01-2026
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informant. This land has been sold by the accused persons in
favour of co-accused Raj Kumar, who is petitioner herein for
valid consideration.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that as per the alleged facts and
circumstances, no case of any forgery or cheating is made out
for which F.I.R. has been registered. He further submits that it is
disputed fact that the land in question which has been purchased
by the petitioner from the agnates of the informant belongs to
the informant. Moreover, the sale deed is not a forged
document. It is genuine, executed by the co-accused in favour of
the petitioner. He further submits that there is also no case of
cheating, because the petitioner has nowhere cheated the
informant as there is no misrepresentation by the petitioner to
the informant, nor is there any transfer of valuable property in
pursuance of any misrepresentation. At most it is a case of civil
dispute for which the informant has remedy in competent Civil
Court.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
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6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has two criminal antecedents.
7. However, learned APP for the State and learned
counsel for the informant vehemently oppose the prayer of the
Petitioner for bail submitting that it is a case of forgery and
cheating and petitioner does not deserve any anticipatory bail.
8. I considered the submission advanced by both the
parties and perused the material on record.
9. I find that as per the alleged facts and
circumstances, no criminal offence is made out against the
petitioner and there is neither any forgery nor any cheating to
the informant by the petitioner. There is no communication at all
between the petitioner and the informant. So there is no question
of any misrepresentation, nor is any property given by the
informant to the petitioner in pursuance of any
misrepresentation.
10. Here, reliance is placed on Harihar Sah and
others Vs. State of Bihar and Another as reported in 2023
SCC OnLine Pat 9582, MANU/BH/2040/2023 and AIR
OnLine 2023 Pat 929, which is decided by this Court.
11. Considering the civil nature of the dispute, this
petition is allowed, directing the petitioner, above-named, to be
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enlarged on bail, in the event of his arrest or surrender before
the court below within a period of eight weeks from the date of
receipt / production of a copy of this order, on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court Below, in connection with Kasma P.S. Case
No. 109 of 2025, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S., 2023 and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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