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Patna High Court

Mithlesh PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners, being only witnesses and having no criminal antecedent, are entitled to anticipatory bail.

Summary

The petitioners, Mithlesh Pandit and Shashi Pratap, were implicated in a complaint (Case No. 1639/2023) alleging forgery of a land‑sale agreement and conspiracy under Sections 467 and 34 of the Indian Penal Code. The complainant claimed the petitioners demanded a share of his land and fabricated an agreement to fraudulently obtain his signature. The petitioners contended they were merely witnesses to an unregistered agreement, had no criminal antecedent, and that the complaint was lodged with an unexplained delay. The court, noting the lack of any direct allegation of participation in the alleged forgery and the petitioners’ status as witnesses, granted them anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and subject to Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged forgery and common intention when the accused are only witnesses to the purported agreement.
  • Whether the delay between the alleged incident (28‑08‑2023) and the filing of the complaint (03‑10‑2023) warrants denial of bail.
  • Whether the petitioners can be held liable under Sections 467 and 34 of the Indian Penal Code.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • land dispute
  • Section 467 IPC
  • Section 34 IPC
  • Section 438 CrPC
  • Section 482 BNSS
  • delay in complaint
  • witnesses

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64597 of 2025
                  Arising Out of PS. Case No.-1639 Year-2023 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
           1.     Mithlesh Pandit Son of Late Mohan Pandit Resident Of Village- Lakhibag,
                  Ps- Mufassil, Dist- Gaya
           2.    Shashi Pratap @ Sashi Pratap son of Sri Ram Lakhan Singh @ Ram Lakhan
                 sing Resident Of Village- Bhikhampur, Ps- Wazirganj, Dist- Gaya

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Rajesh Kumar Verma Son of Late Rajendra Prasad Swarnkar Resident Of
                 Village- Manpur, Gopalganj road, Ps- Buniyadganj, Dist- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dr. Kamal Deo Sharma
                 For the Opposite Party/s :      Mr. Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   24-02-2026                     1. Heard learned Counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Complaint Case No. 1639 of 2023, disclosing

                   offences under Sections 467 and 34 of the Indian Penal Code.

                                   3. As per the prosecution case, on 03.10.2023,

                   complainant had purchased 21 decimals of land at Village

                   Lakhanpur through a registered sale deed dated 17.02.2010, got

                   the land mutated in his name, and remained in peaceful

                   possession. It is alleged that on 28.03.2023, when the

                   complainant went to perform Bhumi Pujan for construction of a
Patna High Court CR. MISC. No.64597 of 2025(5) dt.24-02-2026
                                            2/3




          house, the accused persons including the petitioners objected

          and demanded “rangdari” in the form of 8 decimals of land, and

          upon refusal, threatened him. It is further alleged that the

          accused persons subsequently prepared a false and fabricated

          agreement dated 13.09.2023 showing payment of Rs. 5,11,000/-

          at a fixed rate, without mentioning the total consideration

          amount, and obtained his signature fraudulently with the

          intention to illegally grab or sell the land.

                          4. Learned Counsel for the petitioners submits that

          the petitioners have falsely been implicated in the present case

          on the basis of a concocted and mala fide complaint. He next

          submits that there is an unexplained delay in lodging the

          complaint, as the alleged occurrence is dated 28.08.2023

          whereas the complaint was instituted on 03.10.2023. He further

          submits that, as per the complainant’s own averments, the

          petitioners are merely witnesses to the alleged unregistered

          agreement, and no specific allegation or overt act has been

          attributed to them.

                          5. Despite service of notice, no one appeared for

          the O.P. No. 2.

                          6. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that
           Patna High Court CR. MISC. No.64597 of 2025(5) dt.24-02-2026
                                                       3/3




                     the petitioners are not the signatory of the agreement, they are

                     only witnesses to the alleged unregistered agreement and the

                     petitioners are having no criminal antecedent, I am inclined to

                     grant the petitioners privilege of anticipatory bail.

                                     7. This application is, accordingly, allowed.

                                     8. Let the petitioners, above named, in the event of

                     their arrest or surrender before the Court below within four

                     weeks, be released on bail on furnishing bail bond of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Chief Judicial Magistrate,

                     Gaya, in connection with Complaint Case No. 1639 of 2023,

                     subject to the condition laid down under Section 438 (2) of the

                     Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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