Patna High Court
Asha DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Since no offence of cheating or forgery is made out and the dispute appears civil, bail is granted to the petitioners subject to statutory conditions.
Summary
The petitioners, Asha Devi and Rambha Devi, were implicated in a criminal case (Lakhaura PS Case No. 242 of 2025) alleging offences under several sections of the B.N.S., 2023, relating to alleged fraudulent land transactions. They contended that the sale deed was genuine, that no cheating or forgery occurred, and that the dispute was civil in nature, also asserting no prior bail applications or criminal antecedents. The State opposed the bail application. The Court examined whether the alleged facts constituted a cognizable offence or merely a civil dispute and considered the petitioners' claim of innocence. Concluding that no offence of cheating or forgery was evident, the Court granted bail, subject to conditions under Section 482(2) of the B.N.S.S., 2023, including bond and surety requirements and provisions for cancellation if criminal antecedents emerged. The order directed that bail be available upon arrest or surrender within eight weeks.
Issues considered
- Whether the petitioners are entitled to bail in the pending criminal case.
- Whether the alleged land transaction amounts to an offence of cheating or forgery under the B.N.S., 2023.
- Whether the matter is a civil dispute requiring civil court intervention rather than criminal prosecution.
Legislation cited
- B.N.S., 2023 — s. 308(2), 318(4), 336(3), 338, 340(2), 3(5), 352, 482(2)
Subjects
- bail
- criminal procedure
- cheating
- forgery
- civil dispute
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.628 of 2026
Arising Out of PS. Case No.-242 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
1. Asha Devi, W/o Brajkishor Rai, Resident of village- Gola Pakaria Tola,
Fatehpur, P.S.-Lakhaura, District- East Champaran.
2. Rambha Devi, W/o Rajeshwar Rai, Resident of village- Gola Pakaria Tola,
Fatehpur, P.S.- Lakhaura, District- East Champaran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Ajay Kumar Singh, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Lakhaura PS. Case No.-242 of 2025, dated. 08.08.2025,
registered for the offences punishable under Sections 318(4),
338, 336(3), 340(2), 308(2), 352, 3(5) of the B.N.S., 2023.
3. As per allegation, parcels of land belonging to the
informant, Tribhuvan Nath Trivedi @ Pappu Tivari has been
sold by the co-accused, Sachin Kumar and Manoj Tiwari to the
co-accused Rajeshwar Rai and Asha Devi and Rambha Devi by
executing registered sale deed.
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4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that as per the alleged facts and
circumstances, no case of forgery or cheating is made out
because as per the allegation itself, the sale deed is executed. As
such, it is genuine and there is no misrepresentation as per
allegation by the accused persons to the informant, and hence,
there is no question of any transfer of any valuable property in
favour of the accused. It is for the competent Civil Court to
decide whether the land in issue belongs to the informant and
whether the executed sale deed conveys any title to the
purchaser.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioner for bail.
8. Considering the fact that as per the alleged facts
and circumstances, no offence of cheating or forgery is made
out, at most, it is a dispute of civil nature, this petition is
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allowed, directing the petitioners above-named, to be enlarged
on bail, in the event of their 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 their furnishing bail bonds
in the sum of Rs. 10,000 /- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Concerned Court below, in connection with Lakhaura PS. Case
No.-242 of 2025, subject to the conditions as laid down under
Section 482 (2) 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 petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their 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
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T
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