Patna High Court
Gurudev Mehta @ Gurudeo MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered anticipatory bail for both petitioners, subject to surrender within four weeks and furnishing of a bail bond with sureties.
Summary
Gurudev Mehta and Budhadeo Mehta applied for anticipatory bail after being implicated in a complaint (No.887 of 2023) alleging forgery of a land deed (kewala) and related offences under several IPC sections. The petitioners contended that the matter was essentially a civil land dispute and that they were falsely implicated, offering to cooperate with the investigation. The State and the complainant opposed bail, asserting that the petitioners forged a registered sale deed, leading to cancellation of a mutation order. The Court examined the nature of the allegations, noting the civil character of the dispute and the seriousness of the forgery charges. It directed that, upon surrender within four weeks, both petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged forgery and other offences under the IPC.
- Whether the civil nature of the underlying land dispute influences the grant of bail.
- Whether the petitioners pose a risk of fleeing or tampering with evidence.
Legislation cited
- Indian Penal Code — s. 120B, 323, 34, 420, 465, 467, 468, 471, 504
Subjects
- anticipatory bail
- forgery
- land dispute
- IPC
- civil dispute
- mutation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6368 of 2026
Arising Out of PS. Case No.-887 Year-2023 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
1. Gurudev Mehta @ Gurudeo Mehta S/O Late Bhola Mehta R/O Village-
Andauli, P.S- Saur Bazar, Distt.- Saharsa.
2. Budhadeo Mehta @ Budhdeo Mehta S/O Late Bhola Mehta R/O Village-
Andauli, P.S- Saur Bazar, Distt.- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vijay Kumar Mehta S/O Kusheshwar Prasad Mehta R/O Village-
Madhepura, P.S- Saur Bazar, Distt.- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the O.P.no.2 : Mr. Diwakar Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail
apprehending their arrest in connection with Complaint Case
no.887 of 2023 registered for the offence punishable under
sections 420, 467, 468, 471, 120B, 323 and 504 of the Indian
Penal Code to which cognizance has been taken under sections
420, 465, 468 and 34 of the Indian Penal Code.
3. As per the complaint, the kewala purportedly
executed by the complainant’s father was not executed by him
but has been forged by the petitioners. No such kewala was
executed by the complainant’s father.
Patna High Court CR. MISC. No.6368 of 2026(5) dt.29-04-2026
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4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. From
the contents of the complaint, it would transpire that the matter
is one of civil dispute between the parties. The matter has
already been pursued by the complainant before the authorities
concerned where the mutation in favour of the petitioners have
been cancelled. The petitioners undertake to cooperate in the
investigation/case.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel appearing for the
opposite party no.2-complainant. It is submitted in reference to
the documents brought on record in the counter affidavit that
while mutation was obtained by the petitioners on the basis of a
registered sale deed no.12605 dated 5.12.2005, the said
registered sale deed has been executed by some unknown
person and not the father of the complainant. It is a clear case of
forgery committed by the petitioners which has resulted in
cancellation of the order of mutation in their favour. The
application for anticipatory bail be rejected.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioners in the complaint and the complaint relating to land
Patna High Court CR. MISC. No.6368 of 2026(5) dt.29-04-2026
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dispute between the parties, it is directed that both the
petitioners, above named, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Complaint Case no.887 of 2023 on each of them furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Saharsa.
(Partha Sarthy, J)
Saurabh/-
U T
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