Created by Fuzzy Cloud

Patna High Court

Prabhat Kumar DubeyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

Petitioner Prabhat Kumar Dubey sought anticipatory bail after learning that a FIR had been lodged against him under Sections 384, 420, 467, 468, 471 and 120B of the Indian Penal Code for allegedly forging a sale deed of land that was the subject of a pending probate case. The prosecution alleged that Dubey, without any right, title or possession, executed a forged deed in favour of several co‑accused, thereby cheating the complainant, who is his sister. Dubey contended that he is innocent, that the dispute is purely civil, and that any grievance regarding the sale deed should be pursued through a civil suit. The State opposed the bail, emphasizing the specific and direct nature of the accusations and the existence of a pending probate proceeding. The Court examined the seriousness of the alleged offences and the risk of tampering with evidence, concluding that the allegations warranted a criminal trial. Consequently, the Court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 384, 420, 467, 468, 471 and 120B IPC.
  • Whether the alleged forgery and cheating constitute a criminal matter notwithstanding the civil nature of the underlying land dispute.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • sale deed
  • probate
  • cheating
  • criminal conspiracy
  • civil dispute
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.73573 of 2025
                 Arising Out of PS. Case No.-61 Year-2020 Thana- KATIHAR COMPLAINT CASE District-
                                                         Katihar
                 ======================================================
                 Prabhat Kumar Dubey S/o Late Shivnath Dubey @ Late Siddhnath Dubey
                 Resident of Village-Paharpur, P.S.-Dankhora, District- Katihar

                                                                                ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Puja Kumari D/o Late Siddhnath Dubey @ Late Shivnath Dubey Resident of
                 Village-Paharpur, P.S.-Dankhora, District- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Sharda Nand Mishra, Advocate
                                                   Ms. Isha Mishra, Advocate
                 For the State             :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   22-04-2026                    Heard Mr. Sharda Nand Mishra, learned counsel

                   appearing on behalf of the petitioner and Mr. Umeshanand

                   Pandit, learned APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 384, 420,

                   467, 468, 471 and 120B of the Indian Penal Code.

                                  3. The prosecution case, which is based on a

                   complaint          petition,   in   brief,   is   that   mother      of     the

                   complainant/informant executed a registered will in favour of

                   the complainant with respect to a land. The complainant filed a

                   probate case bearing Probate Case No. 02 of 2018 and this
Patna High Court CR. MISC. No.73573 of 2025(5) dt.22-04-2026
                                            2/3




          petitioner, who is own brother of the complainant, cheated her

          and executed forged sale deed in favour of Manoj Kumar

          Mandal, Chandan Kumar Sharma, Rambha Devi and Rita Devi

          without having right, title or possession over the piece of land

          which is subject matter of Probate Case No. 02 of 2018.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner is own brother of the

          informant/complainant and due to mala fide intention, this false

          F.I.R. has been lodged. Moreover, the dispute is with regard to

          sale and purchase of land which is purely civil in nature and

          none of the acts, allegedly committed by this petitioner would

          give rise to any criminal liability. It is further submitted that if

          the complainant/informant has any case against this petitioner

          about execution of forged sale deed, she can challenge the same

          before the competent authority by filing appropriate civil suit.

          Petitioner claims clean antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner is named in the

          complaint petition and there is specific accusation that without

          having any right, title or possession over the piece of land of the
             Patna High Court CR. MISC. No.73573 of 2025(5) dt.22-04-2026
                                                         3/3




                       complainant, he executed forged sale deed in favour of other co-

                       accused persons. It is further submitted that petitioner has not

                       dispute the fact that probate case is pending with regard to the

                       land in question and during pendency of the same, this

                       petitioner executed a sale deed and thus, this petitioner has

                       cheated the complainant.

                                    6. Considering the facts and circumstances of the case

                       and specific and direct nature of accusation, the prayer for grant

                       of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.