Shravan RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80088 of 2025
                        Arising Out of PS. Case No.-84 Year-2025 Thana- Mufassil District- Khagaria
                 ======================================================
                 Shravan Rai Son of Late Ram Lagan Rai Resident of Village - Sansarpur,
                 Police Station - Mufassil, District - Khagaria.
                                                                        ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :         Mr. Anil Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   15-05-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 318(4),

                   338, 336(3), 340(2), 116(6), 7 and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases and the informant alleges

                   that he has 4 Bigha, 5 Katha, 18 Dhur, 10 Dhurki ancestral land,

                   out of which 2 Bigha land was sold in the year 2006 and the rest

                   left over land is in possession of the informant but on

                   02.04.2025 petitioner along with Jitendra and Hira came on the

                   land and started constructing a boundary wall without

                   measurement, on objection, the accused persons showed a

                   forged document of the year 1903 laying claim on the land, on
Patna High Court CR. MISC. No.80088 of 2025(4) dt.15-05-2026
                                            2/4




          complaint by the informant to the District Magistrate, the

          District Magistrate constituted Three Men Committee and the

          Committee, after inquiry, submitted a report holding that the

          document of the petitioner is forged for which Khagaria

          Mufassil P.S. Case No. 74 of 2025 was insituted against the

          petitioner and others, thus, alleges that accused persons, based

          on forged document, are trying to grab the land of the informant.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that petitioner, based on a document of 1903,

          is laying claim on a piece of land which the informant claims to

          be his ancestral land and when the informant made a complaint

          about the same to the District Magistrate, Three Men Committee

          was constituted and the Committee came to a conclusion that

          the document on which the petitioner is relying is a forged

          document. It is next submitted that whether Administrative

          Authority can decide about the genuineness of a document or it

          is the duty of a Court of competent civil jurisdiction to

          adjudicate such issue. It is also submitted that for the same

          offence, Khagaria Mufassil P.S. Case No. 74 of 2025 has been
Patna High Court CR. MISC. No.80088 of 2025(4) dt.15-05-2026
                                            3/4




          instituted and the informant thereafter instituted the instant case

          alleging that petitioner, based on forged document, is trying to

          grab his land. It is lastly submitted that if the privilege of

          anticipatory bail is granted to the petitioner, the petitioner will

          not abscond rather will cooperate in the investigation to prove

          his innocence.

                       5. Learned Additional Public Prosecutor for the State

          and learned counsel appearing on behalf of the informant

          opposed the prayer for anticipatory bail of the petitioner but

          then are not in a position to rebut the submissions of the learned

          counsel appearing on behalf of the petitioner that the

          Administrative Authority cannot adjudicate an issue with regard

          to the genuineness of a document and the same is to be

          adjudicated by a Court of competent civil jurisdiction and for

          the same offence Khagaria Mufassil P.S. Case No. 74 of 2025

          has been instituted.

                       6. Learned A.P.P. for the State vehemently opposes

          the prayer for anticipatory bail of the petitioner.

                       7. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

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

          period of six weeks from today, be released on anticipatory bail
           Patna High Court CR. MISC. No.80088 of 2025(4) dt.15-05-2026
                                                       4/4




                     on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     the learned Trial Court where the case is pending/Successor

                     Court in connection with Khagaria Mufassil P.S. Case No. 84 of

                     2025, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T