Patna High Court
RAKESH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the dispute is prima facie civil with a pending title suit, and therefore the petitioners are entitled to bail.
Summary
Petitioners Rakesh Kumar and Dharmendra Kumar were named in an FIR for alleged offences under several IPC sections, including fraud and forgery, for purportedly executing a sale deed by impersonating the informant. The petitioners contended that the matter was essentially a civil dispute over land, noting that the land had been leased to them and later sold via a registered deed, and that a title suit was already pending before the Sub‑Judge, Patna. The State opposed bail, but the informant’s counsel could not refute the claim that the dispute was civil. Observing that the dispute appeared civil and a title suit was pending, the High Court directed that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the Code of Criminal Procedure. The order effectively granted bail and dismissed the immediate criminal proceedings pending the civil suit.
Issues considered
- Whether the FIR and criminal prosecution are warranted when the underlying dispute is civil in nature.
- Whether the petitioners are entitled to bail under Section 482(2) of the Code of Criminal Procedure.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 23, 379, 406, 420, 467, 468, 471, 504, 506/34
Subjects
- bail
- civil dispute
- criminal complaint
- sale deed
- impersonation
- title suit
- Section 482
- IPC
- pending civil suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62145 of 2023
Arising Out of PS. Case No.-51 Year-2023 Thana- SAHJAHANPUR District- Patna
======================================================
1. RAKESH KUMAR son of Ravindra Bind Village- Khabajpur Ps- Karai
Parsurai Dist- Nalanda At Present- Village- Singariyawan Ps- Sahjahanpur
dist- Patna
2. Dharmendra Kumar son of Radho Prasad Village- Singariyawan Ps-
Sahjahanpur Dist- patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dheerendra Kumar @ Dheerendra Sharma son of Late Ranjandhari Sharma
R/o- Singariyawan Ps- Sahjahanpur Dist- patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujit Kumar, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
For the Informant : Mr. Shrinath Manjhi, Adv.
Mr. Ramanuj, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 27-01-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Sahjahanpur P.S.
Case No. 51 of 2023 registered for the offences punishable
under Sections 420, 406, 467, 468, 471, 23, 379, 504,
506/34 of the Indian Penal Code.
3. As per FIR, petitioners alleged to execute the sale
deed in his favor by impersonating complainant/ informant
where the sale deed was alleged to be executed for a piece of
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land measuring about 60 decimal bearing Thana no. 98,
Khata no. 677, Khesara No. 2010 situated in Mauza Rampur,
district Patna.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the dispute between the parties
i.e., informant and petitioners primarily appears civil in nature
for which the present criminal complaint case is completely
un-occassioned and un-warranted. It is submitted that on the
basis of imaginary occurrence dated 03.01.2023 present false
case was lodged where in fact no such occurrence took place.
It is submitted that the land, in issue, was initially given on
lease to this petitioners which was subsequently sold to
petitioners by informant through registered sale deed in
2022. It is submitted that informant also lodged a title suit
bearing no. 29 of 2023 which is pending before Sub-judge,
Patna City.
5. Learned APP opposes the prayer of bail.
6. Learned counsel for the informant while opposing
the prayer of bail could not disputed aforesaid factual
submission that dispute is primarily civil in nature, for which
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the aforesaid title suit is pending before learned Sub-judge,
Patna as submitted aforesaid.
7. In view of aforesaid factual submission and by
taking note of fact as dispute between the parties prima-facie
appears civil dispute for which title suit is pending before the
court of sub-judge, Patna as discussed aforesaid, accordingly
both 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 ACJM 1st Patna City /concerned Court, where the case
is pending in connection with Sahjahanpur P.S. Case No. 51
of 2023, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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