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Patna High Court

Gurudev Mehta @ Gurudeo MehtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                          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
                                                        3/3




                      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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