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Patna High Court

RAKESH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.62145 of 2023(4) dt.27-01-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.62145 of 2023(4) dt.27-01-2026
                                                          3/3




                        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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