Patna High Court
Vijay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to conditions.
Summary
Petitioner Vijay Ram was apprehended of arrest in a complaint alleging offences under IPC sections 420, 120(B), 406, 467 and 468 relating to a land sale dispute. The prosecution alleges that the petitioner received part of the consideration for a sale deed but failed to pay the balance or execute a further deed, constituting cheating and forgery. The petitioner contended that the cheque mentioned in the deed was never issued or encashed and that the matter is a civil monetary dispute, asserting no criminal antecedent. The opposing counsel opposed bail. The Patna High Court, after considering the facts, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to be released if arrested within four weeks, subject to conditions under Section 482 of the CrPC.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged cheating, criminal breach of trust and forgery where the underlying dispute appears to be civil.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- cheating
- criminal breach of trust
- forgery
- land dispute
- IPC sections 420
- IPC section 120B
- IPC section 406
- IPC section 467
- IPC section 468
- civil dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68787 of 2025
Arising Out of PS. Case No.-264 Year-2022 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Vijay Ram S/O Late Banwari Ram R/O Mohalla- Katar, Balughat, P.S.-
Indrapuri, P.O.- Bardiha, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahendra Pratap Singh S/O Late Ram Rahasya Singh R/O Vill.- Kali
Asthan, Purvi Mohan Bigha, Ward No.- 15, P.S.- Dehri (T), P.O.- Dehri,
Dist.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
4 27-01-2026 Both the parties along with their respective advocate
are present in Chamber proceeding.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No. 264 of 2022 for the
offence under Sections 420, 120(B), 406, 467 and 468 of the
Indian Penal Code.
3. As per the prosecution story, the complainant has
alleged that for the purpose of constructing an educational
institution, he required a certain piece of land. On 20.10.2018,
the petitioner received part of the consideration amount by
cheque and part in cash in pursuance of Sale Deed No. 3879.
The petitioner further promised that the remaining amount of
₹4,98,000/- would be adjusted against the sale of additional
Patna High Court CR. MISC. No.68787 of 2025(4) dt.27-01-2026
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land. However, the accused-petitioner neither paid the balance
amount nor executed any further sale deed.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case due to a land dispute. From perusal of the
registered sale deed, it is evident that a cheque number has been
mentioned therein; however, the said cheque was never issued
by the vendee to the vendor, nor was the same ever encashed by
the petitioner. The petitioner received the alleged consideration
amount through cheque from the complainant towards the sale
of a piece of land which was executed in favour of the
complainant’s wife. It is further submitted that the petitioner
never entered into any oral or documentary agreement to sell
any other piece of land in favour of the complainant. Moreover
this is a Civil/money dispute between the parties. A statement
has been made in para 3 of the bail application that petitioner
has no criminal antecedent.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the date
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of receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Dehri
(Rohtas), in connection with Complaint Case No. 264 of 2022
subject to the conditions as laid down under Section 482 of
B.N.S.S., as also with the condition that one of the bailors
should be close relative of the petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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