Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner, releasing him on condition of a Rs 10,000 bond and two sureties.
Summary
Ajit Kumar was named in an FIR for alleged impersonation of the informant’s husband to execute a sale deed of ancestral land in favour of Santosh Kumar, invoking several IPC offences. The petitioner contended that he was merely a nephew who accompanied the purchaser to the registry and had no benefit from the transaction, arguing that the dispute was essentially civil. The State opposed bail, asserting his active participation in the fraud. The court observed that the primary allegations were civil in nature and that the petitioner’s role was limited to accompanying co‑accused, and therefore granted bail. He was ordered to be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioner when the alleged offences arise from a civil dispute over ancestral land.
- Whether the petitioner’s alleged participation warrants continued custody under the IPC provisions.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 115(2), 126(2), 308(6), 318(4), 322, 352, 74
Subjects
- bail
- impersonation
- sale deed
- civil dispute
- Criminal Procedure Code
- Indian Penal Code
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79964 of 2025
Arising Out of PS. Case No.-615 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ajit Kumar S/O Janardan Singh Resident of village - Dhorandih, P.S-
Suryapura, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, Adv.
For the Informant : Mr. Vishwajeet Kr. Mishra, Adv.
Mr. Aakash Choudhary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 26-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sasaram (T)
P.S. Case No. 615 of 2025 registered for the offences
punishable under Sections 318(4), 308(6), 322, 115(2),
126(2), 74 and 352 BNS.
3. As per FIR, which appears lodged on the basis
of Complaint Case no. 603 of 2025, as pressed before
learned CJM, Sasaram at Rohtas, speaks that petitioner in
connivance with other co-accused persons by
impersonating the husband of informant executed sale
deed regarding ancestral land in favor of one Santosh
Patna High Court CR. MISC. No.79964 of 2025(4) dt.26-02-2026
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Kumar.
4. It is submitted by learned counsel appearing
for petitioner that petitioner is bhanja (nephew) of the
husband of the informant and upon his request only he
visited registry office alongwith purchaser of the land. It is
submitted that this petitioner alongwith his mother
implicated falsely with present case as to keep them away
from partition issue of ancestral property. It is submitted
that petitioner not appears beneficiary of alleged land deal
as same was executed in favor of one Santosh Kumar. It
is pointed out that merely on the basis of variation of age
in Aadhar Card, present case was lodged. While
concluding arguments, it is submitted that petitioner
found involved in one more criminal case where he is on
bail.
5. Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail
submitted that petitioner in connivance with accused
persons by way of impersonating husband of the
Patna High Court CR. MISC. No.79964 of 2025(4) dt.26-02-2026
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informant executed sale deed in favor of Santosh Kumar.
6. In view of aforesaid factual submissions and
by taking note of fact as dispute primarily appears civil in
nature, where maximum allegation appears available
against this petitioner is to accompanied co-accused
persons to registry office, accordingly above-named
petitioner, 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,
Rohtas at Sasaram /concerned Court, where the case is
pending in connection with Sasaram (T) P.S. Case No.
615 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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