Patna High Court
Lalmuni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioners are entitled to bail as the primary dispute is civil and the only allegation against them is that they were witnesses to the sale deed.
Summary
The petitioners, Lalmuni Devi and Sonu Kumar, were named in an FIR for offences under several IPC sections in connection with a land sale deed allegedly executed by impersonating the informant's husband. They contended that they merely acted as witnesses to the deed and derived no benefit from the transaction. The State opposed their bail application, arguing the seriousness of the charges. The Court observed that the dispute was essentially civil, with the only criminal allegation being their role as witnesses, and therefore found no justification to deny bail. Consequently, the Court ordered their release on bail with a bond of Rs.10,000 each, two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioners accused under multiple IPC sections when their alleged involvement is limited to being witnesses to a civil sale deed.
- Whether the alleged conduct constitutes a cognizable offence justifying denial of bail.
- Whether Section 482(2) of the CrPC can be invoked to grant bail in this circumstance.
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
- FIR
- witness
- sale deed
- civil dispute
- IPC sections
- Section 482 CrPC
- criminal charges
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80052 of 2025
Arising Out of PS. Case No.-615 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
1. Lalmuni Devi Wife of Janardan Singh Resident of village- Dhodhandih, Ps-
Suryapura, Dist- Rohtas
2. sonu Kumar son of shiv Janam singh Resident of village- Ghusiyan Kala PS-
Bikramganj Distt -Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 26-02-2026 Heard the parties.
2. The petitioners are named in the
F.I.R. and apprehending their 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 petitioners in connivance with
other co-accused persons by impersonating the
Patna High Court CR. MISC. No.80052 of 2025(4) dt.26-02-2026
2/3
husband of informant executed sale deed
regarding ancestral land in favor of one
Santosh Kumar.
4. It is submitted by learned counsel
appearing on behalf of the petitioners that
petitioners are the witness of the sale deed,
where petitioner no. 1 is sister of the husband
of the informant and she upon his request only
becomes witness of the sale deed. While
concluding arguments, it is submitted that
petitioner no. 1 is a lady of clean antecedent
and petitioner no. 2 found involved in two more
criminal cases where he is on bail, who is also
another witness of sale deed. Petitioners are
not beneficiary of alleged land deal.
5. Learned APP duly assisted by learned
counsel for the informant opposed the prayer of
bail.
6. In view of aforesaid factual
submissions and by taking note of fact as
dispute primarily appears civil in nature, where
Patna High Court CR. MISC. No.80052 of 2025(4) dt.26-02-2026
3/3
maximum allegation appears available against
these petitioners is witness the sale deed,
accordingly both above-named petitioners, in
the event of their arrest or surrender before the
court below within a period of four weeks, are
directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand)
each 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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