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Patna High Court

Rahbar AbdinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, directing his release on a bail bond subject to Section 482(2) of the CrPC.

Summary

The petitioner, Rahbar Abdin, was named in an FIR alleging forgery and cheating in the sale of two shops, with false signatures purportedly created on the agreement and sale deed. The petitioner’s mother, Renuka Kumari Sinha, was the principal accused and had already been granted anticipatory bail. The petitioner’s counsel argued that the dispute was essentially civil, that the petitioner was merely the son of the accused, and that his prior criminal cases should not preclude bail, citing Supreme Court precedents. The State contended that the petitioner was instrumental in the alleged forgery and land‑grabbing scheme. The Court held that the matter was primarily a civil dispute, noted the mother’s bail, and consequently granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations of forgery and his criminal antecedents
  • Whether the dispute underlying the FIR is a civil matter rather than a criminal offence
  • Whether Section 482(2) of the CrPC can be invoked to grant bail in this context

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • civil dispute
  • criminal antecedents
  • Section 482
  • Indian Penal Code
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7856 of 2026
                       Arising Out of PS. Case No.-813 Year-2025 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Rahbar Abdin S/o- Sarwar Abdin R/v- Pushpanjali Complex Boring Road, Ps-
                 S.K Puri Dist- Patna
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bindhyachal Singh, Sr.Adv.
                                                  Mr. Aakash Singh, Adv.
                                                  Mr. Vipin Kr. Singh, Adv.
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, Adv.
                 For the Informant        :       Mr. Avinash Kr. Singh, Adv.
                                                  Mr. Mukul Kr. Singh, Adv.
                                                  Mr. Kr. Bal Govind Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   07-07-2026                     Heard the parties.

                                 2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Pirbahore P.S.

                   Case No. 813 of 2025 registered for the offences punishable

                   under Sections 336(2), 338, 318(4), 308(3), 318(3), 3(5)

                   BNS.

                                 3. The allegation against petitioner is to cheat

                   informant by creating forge documents qua sale of shop no.

                   71 and 72 of Meena Bazar market, Muradpur, Patna. It is

                   alleged that the false signature of the informant was created

                   over “agreement to sale” and also on document for “absolute
Patna High Court CR. MISC. No.7856 of 2026(7) dt.07-07-2026
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          sale deed”.

                       4. It is submitted by Mr. Bindhyachal Singh,

          learned senior counsel appearing on behalf of the petitioner

          that facial perusal of FIR categorically suggest that dispute is

          primarily civil in nature. It is submitted that the agreement

          to sale/ absolute sale deed dated 18.03.2025 were signed

          between the mother of the petitioner namely, Renuka

          Kumari Sinha and the informant. It is pointed out that the

          mother of the petitioner was main accused in this case and

          she was granted anticipatory bail by ld. Trial court itself by

          ABP No. 4467 of 2025 dated 27.01.2026.

                       5. Arguing further, Mr. Singh submitted that in

          aforesaid fact the implication of petitioner with present crime

          in question is only with harassing approach, where this

          petitioner appears implicated only being the son of the co-

          accused, who executed the agreement of sale/ absolute sale

          deed namely, Renuka Kumari Sinha. It is also submitted that

          only for the reason that this petitioner found involved in

          twelve more criminal cases of similar nature, his prayer of

          anticipatory bail was declined by the ld. Trial court. In this
Patna High Court CR. MISC. No.7856 of 2026(7) dt.07-07-2026
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          connection Mr. Singh submitted that petitioner is a business

          man and running a chain of school and also other business

          activities related with land deals, and therefore, maximum

          cases are arising out of land dispute, where case and counter

          case were filed. It is submitted that in all such criminal cases

          petitioner is on bail.

                       6. Mr. Singh further submitted that if merit of this

          case otherwise appears in favor of the petitioner, merely on

          the ground of criminal antecedents ordinarily his prayer of

          bail should not be declined, and in support of his submission,

          Mr. Singh relied upon the legal report of Hon’ble Supreme

          Court as available through Prabhakar Tewari vs. State of

          Uttar Pradesh and Anr. reported in (2020) 11 SCC 648.

                       7. Learned APP duly assisted by Mr. Avanish Kr.

          Singh learned counsel for the informant while opposing the

          prayer of bail submitted that this petitioner being son of the

          accused namely Renuka Kumari Sinha was instrumental

          behind entire issue and as the family of informant is

          suffering from congenital eye issue, taking advantage of that

          this petitioner who is land grabbing person approached
Patna High Court CR. MISC. No.7856 of 2026(7) dt.07-07-2026
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          informant with assurance that he will sort out the issue of

          tenancy dispute with shopkeeper of Meena Bazar and

          obtained signature of informant. It is submitted that market

          value of one shop of Meena Bazar is Rs. 90 lakh as on date,

          therefore, agreement of sale/ absolute sale deed against the

          total consideration amount of Rs. 9 lakh not appears

          convincing. It is submitted that the agreement were

          intentionally executed through mother.

                       8. Arguing further, it is submitted by learned

          counsel that recently the Hon’ble Supreme Court declined a

          prayer of anticipatory bail of appellant, who was involved in

          22 more criminal cases, and in support of his submission he

          relied upon the legal report of Hon’ble Supreme Court as

          available through Sharad Sehgal vs. State of U.P. and

          Anr. reported in 2026 SCC OnLine 740, whereas he could

          not disputed the factual submission that agreement of sale /

          absolute sale deed was executed between the mother of this

          petitioner and informant.

                        9. In view of aforesaid factual submission and by

          taking note of fact as the dispute between the parties
            Patna High Court CR. MISC. No.7856 of 2026(7) dt.07-07-2026
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                      primarily appears civil in nature, where agreement of sale/

                      absolute sale deed was signed between the informant and

                      mother of this petitioner, who has already granted

                      anticipatory bail by ld. Trial court, accordingly petitioner

                      above-named, in the event of his arrest or surrender before

                      the court below within a period of four weeks, is directed to

                      be released on bail, furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned CJM, Patna

                      /concerned Court, where the case is pending in connection

                      with Pirbahore P.S. Case No. 813 of 2025, subject to the

                      conditions as laid down under Section 482(2) of BNSS.



                                                                   (Chandra Shekhar Jha, J)
Sudha/-
U       T


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