Patna High Court
Lal Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Lal Vijay Kumar, was arrested on 22 June 2025 in connection with an FIR dated 7 July 2023 alleging offences under Sections 409, 420, 467, 468 and 471/34 of the Indian Penal Code relating to forged documents and fraudulent withdrawal of land‑acquisition funds. The petitioner contended that he has a clean antecedent, that the allegations are fabricated, and that the only incriminating material is a CCTV capture and an alleged signature on a withdrawal slip, which the prosecution has not verified. The State opposed bail, relying on the CCTV footage and the purported signature as evidence of involvement. The Court examined the material, noted the lack of a verified signature and the petitioner's claim of no prior criminal record, and considered the nature of the offences and the risk of tampering with evidence. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, non‑tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 409, 420, 467, 468 and 471/34 of the IPC based on the available evidence.
Legislation cited
- Indian Penal Code — s. 34, 409, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- forgery
- cheating
- land acquisition fraud
- criminal procedure
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79458 of 2025
Arising Out of PS. Case No.-435 Year-2023 Thana- CIVIL LINE District- Gaya
======================================================
Lal Vijay Kumar S/O Ramvilash Yadav R/O Village- Binoba Nagar, P.S.-
MMCH, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Ms.Vaishnavi Singh, Advocate
: Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 29-01-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr.Sanjay Kumar Singh, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
22.06.2025 in connection with Civil Lines P.S. Case No. 435 of
2023, F.I.R. dated 07.07.2023 registered for the offence
punishable under Sections 409,420,467,468 and 471/34 of IPC.
3. This case has been instituted by Ravindra Ram
Bhu-Arjan Officer, Gaya on 07.07.2023. He stated that in his
written application that two persons namely Kishore Kumar and
Sunita Devi gave an information that their land acquired in
AKIC planning but no compensation paid by the government up
till now a forged document prepared and all money have been
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withdrawn by the same other persons in conspiracy and forged
document produce before the bank and before the officer. He
further stated that Kishore Kumar A/c No.72460100143303 and
Sunita Devi A/c No. 72460100143362 of South Bihar Gramin
Bank, DBGB Kujapi Gaya is attached with was signed by Land
Acquisition Officer, Gaya by both persons have submitted the
account Number of Bank of Baroda Branch Kothwara, Gaya.
Further enquiry set-up and found money withdrawn by other
person in other Bank.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Learned
counsel for the petitioner submits that as per allegation in the
FIR, the petitioner has withdrawn Rs. Four Lacs from the Bank
in question in place of Lal Vijay Kumar. Learned counsel for the
petitioner submits that the name of the petitioner has been
transpired during investigation on the basis of the CCTV
Footage of the Bank and except the aforesaid, no other cogent
material has come during investigation against the petitioner to
suggest the involvement of the petitioner in the present
occurrence. Even the prosecution has not verified the signature
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of the petitioner and the police, after investigation, submitted
the chargesheet against the petitioner and the petitioner is in
custody since 22.06.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner was found in the CCTV footage of
the Bank and apart from the aforesaid, the sign of the petitioner
was found on the withdrawal slip.
6. Considering the aforesaid facts, let the petitioner,
above named, 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 learned A.C.J.M.-1st, Gaya in
connection with Civil Lines P.S. Case No. 435 of 2023, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
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(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U
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