Patna High Court
Tinku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding that the case for bail was made out on the facts.
Summary
The petitioner, Tinku Kumar, a revenue employee, was implicated in an FIR (Bihta PS Case No. 848 of 2024) for allegedly altering a land record (jamabandi) to insert an incorrect name, violating several sections of the Bharatiya Nyaya Sanhita, 2023. He contended that the necessary correction to the jamabandi had already been made through the proper legal procedure and that he could not have effected the alteration without the Circle Officer's permission. The State opposed his anticipatory bail application, arguing the seriousness of the offences. The Court examined the facts, noted that the correction had indeed been effected, and found that the petitioner was unlikely to flee or tamper with evidence. Consequently, the Court granted anticipatory bail subject to standard conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the correction of the jamabandi negates the basis for the FIR and justifies bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 319(2), 336(3), 338, 340(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land record correction
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Jamabandi alteration
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69386 of 2025
Arising Out of PS. Case No.-848 Year-2024 Thana- BIHTA District- Patna
======================================================
Tinku Kumar S/o Late Iswar Dayal Singh Resident of vilage - Bara, P.S.-
Ranitalab, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bihta P.S. Case No. 848 of 2024, F.I.R dated
09.09.2024 registered for the offences punishable under Sections
316(5), 318(4), 319(2), 338, 336(3), 340(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. According to prosecution case, informant, Vinay
Sheel, Revenue Officer, Bihta, submitted a written report to the
S.H.O., Bihta Police Station for registration of FIR pursuant to
the order dated 01.04.2024 passed by the Bihar State Information
Commission in Case No. A-5244/2021. It is alleged that the
name of Siya Ram Singh was duly entered in Jamabandi No.
1016 of Thana No. 68, Mouza Purushottam Painathi by the
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competent authority, but was later struck off by putting initials
when the petitioner was posted as In-charge Revenue
Karamchari. The informant alleged that such alteration amounted
to a criminal act and, on that basis, requested lodging of the FIR.
Accordingly, the FIR was instituted and investigation was set in
motion.
4. Learned counsel for the petitioner by taking this
Court to the allegations in the First Information Report submits
that for creating jamabandi in the name of wrong person, the
instant F.I.R is said to have been lodged, while the necessary
correction by resorting to the procedure has been provided in law
and same has already been done. Petitioner is said to be Halka
Karmchari in the office of Circle Officer, Bihta and submits that
the jamabandi could not have been created without obtaining
permission from the Circle Officer, Bihta, still this petitioner has
been implicated in this case. In view of the statement so made
that necessary correction in jamabandi has already been carried
out, and to buttress his submissions, he refers to the documents
forming part of Register-2, which is recorded in the name of
Nanda Singh, who is said to be the correct person in whose name
jamabandi was supposed to have been created.
5. Learned APP for the State opposes the prayer for
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anticipatory bail application.
6. Be that as it may, necessary corrections have already
been carried out by resorting the procedure as provided in law,
prima facie, the case for anticipatory bail is made out.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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 the
learned A.C.J.M-I, Danapur in connection with Bihta P.S. Case
No. 848 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
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cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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