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Patna High Court

Ramjivan @ Ramjivan Kumar @ Ramjivan Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the petitioner is a bona‑fide purchaser and similarly situated co‑accused have been released on bail, and there was no sufficient ground to deny bail under the applicable provisions.

Summary

Ramjivan Kumar Paswan applied for anticipatory bail in a case (PS‑346/2025) alleging his involvement in forging a sale deed for a piece of land. He claimed to be a bona‑fide purchaser and argued that the forged deed, if proven, made him a victim rather than a perpetrator. The State and the informant opposed the bail, contending that he conspired with co‑accused to falsify the deed. The court noted that other co‑accused had already been granted anticipatory bail by different benches and that the petitioner’s claim of legitimate purchase warranted relief. Accordingly, the court granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S., ordering a bail bond of Rs 10,000 with two sureties and imposing compliance requirements.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged forgery and his claim of being a bona‑fide purchaser.
  • Whether the grant of anticipatory bail to similarly situated co‑accused influences the decision on the petitioner's bail.

Legislation cited

Subjects

  • anticipatory bail
  • forged sale deed
  • land dispute
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6624 of 2026

                   Arising Out of PS. Case No.-346 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Ramjivan @ Ramjivan Kumar @ Ramjivan Kumar Paswan Son of Late Rajo
                 Paswan Resident of Village- Sitalpatti P.S. - Muffasil District - Samastipur
                 Bihar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Akash Shankar, Adv.
                                                 Mr. Raj Kumar, Adv.
                                                 Ms. Archana Kushwaha, Adv.
                                                 Ms. Nausheen Fatima, Adv.
                 For the Informant       :       Mr. Kundan Kumar, Adv.
                 For the State           :       Ms. Pushpa Sinha-1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   04-02-2026                   Heard the learned counsels the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Samastipur Muffasil P.S. Case No. 346 of 2025

                   registered for the offence(s) under Section(s) 318(4), 338,

                   336(3), 340(2), 351(2), 308(3), 308(4), 119(2) and 61(2) of the

                   Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

                                 3. The allegation against the petitioner is that he is the

                   purchaser of the land and in connivance with the executor of the

                   sale-deed, namely, Suresh Prasad, has got a forged sale-deed in

                   his favour.
Patna High Court CR. MISC. No.6624 of 2026(2) dt.04-02-2026
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                       4. It has been submitted on behalf of the petitioner

          that he has falsely been implicated in this case and he is the

          bona fide purchaser of the land in question and if the said sale-

          deed is indeed found to be forged, then the petitioner himself is

          the victim of such crime. It has further been submitted that even

          the chain of title over the land in question is complete and in

          fact the executor of the sale-deed, namely, Suresh Prasad has got

          a valid title of the land after the same was earlier sold by the

          father of the informant. It has further been submitted on behalf

          of the petitioner that he carries one criminal case against his

          name, bearing Mufassil P.S. Case No. 259 of 2018. It has lastly

          been submitted that the other similarly situated accused persons,

          namely, Kundan Kumar @ Kundan Kumar Rai, Suresh Prasad

          and Gunjan Kumar have been granted the privilege of

          anticipatory bail by different Benches of this Court vide orders

          dated 24.12.2025, 05.01.2026 and 04.02.2026 passed in Cr.

          Misc. Nos. 86173/2025, 88269/2025 and 5617 of 2026

          respectively.

                       5. The learned A.P.P. for the State as well as the

          learned counsel appearing on behalf of the informant have

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and have stated that the petitioner was in
Patna High Court CR. MISC. No.6624 of 2026(2) dt.04-02-2026
                                            3/4




          connivance with the other co-accused persons and hence he

          cannot be absolved of the liabilities in the present case. The

          learned counsel for the informant, however, does not dispute the

          fact that the other similarly situated accused persons, referred to

          above, have been granted anticipatory bail by different Benches

          of this Court. He also submits that the petitioner and others had

          forged the sale-deed by changing the boundary (Chauhaddi) of

          the land, which is said to have been executed.

                       6. Considering the facts and circumstances of the

          case, the submissions advanced on behalf of the parties and the

          fact that similarly situated accused persons have been granted

          anticipatory bail by different Benches of this Court, let the

          petitioner, above-named, be released on anticipatory bail, in the

          event of his arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the concerned Court/successor Court where the

          case is pending in connection with Samastipur Muffasil P.S.

          Case No. 346 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure, 1973

          read with corresponding Section 482(2) of the Bharatiya
            Patna High Court CR. MISC. No.6624 of 2026(2) dt.04-02-2026
                                                        4/4




                      Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to

                      the following conditions :

                                              (i) One of the bailors of the petitioner shall be his
                                        close relative and the other shall be a local resident.
                                              (ii) The petitioner shall remain physically present
                                        before the concerned Court on each and every date of the
                                        trial and shall cooperate in the investigation.
                                              (iii) In case of absence for two consecutive occasions
                                        or in violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the concerned
                                        Court.
                                              (iv) If the petitioner, in future, is found to be
                                        involved in similar nature of offence(s), the prosecution
                                        shall be at liberty to move for cancellation of his bail
                                        bond.
                                              (v) The concerned Court shall verify the criminal
                                        antecedent of the petitioner and in case, at any stage, it is
                                        found that he has concealed his criminal antecedent, the
                                        Court concerned shall take necessary steps for cancellation
                                        of his bail bond. However, the acceptance of bail bond in
                                        terms of the above-mentioned order shall not be delayed
                                        for purpose of or in the name of verification.


                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                                 (Sourendra Pandey, J)
Praveen-II/-

U       T


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