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Patna High Court

Chandeswar Rai @ Chandeshvar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail as the grievance is civil in nature and no prima facie criminal case is established.

Summary

The petitioner, Chandeswar Rai, was charged under IPC Sections 406, 420, 467 and 468 for allegedly preparing a false genealogy by providing misleading information. He applied for pre‑arrest bail, claiming innocence and that the dispute is essentially a civil matter concerning family lineage. The State opposed the bail, arguing the seriousness of the alleged offences. The Court held that any grievance over the genealogy should be addressed in a civil forum and that, on a prima facie basis, the petitioner was entitled to pre‑arrest bail. Accordingly, the Court directed that the petitioner be released on pre‑arrest bail upon surrender, with a bail bond of Rs.10,000 and two sureties, subject to Section 482(2) of the CrPC and verification of any other pending criminal cases.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail for offences under Sections 406, 420, 467 and 468 of the IPC.
  • Whether the dispute over the genealogy is a civil matter that precludes criminal prosecution.

Legislation cited

Subjects

  • pre‑arrest bail
  • IPC
  • Section 406
  • Section 420
  • Section 467
  • Section 468
  • genealogy fraud
  • civil remedy
  • Section 482
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8232 of 2026
                      Arising Out of PS. Case No.-110 Year-2024 Thana- KATRA District- Muzaffarpur
                 ======================================================
                 Chandeswar Rai @ Chandeshvar Rai, Son of Late Bankey Rai, Resident of
                 Gangiya @ Parmanandpur, P.S. - Katra, District - Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vikramadit, Advocate
                 For the Opposite Party/s :        Mr. Zainul Abedin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   24-06-2026                    Heard Mr. Vikramadit, learned counsel appearing on

                   behalf of the petitioner and Mr. Zainul Abedin, learned APP for

                   the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Katra P.S. Case No. 110 of 2024 registered for the offence

                   punishable under Sections 406, 420, 467 and 468 of the Indian

                   Penal Code.

                                3. As per the allegation made in the FIR, the petitioner

                   has allegedly managed to get prepared false genealogy by

                   furnishing misleading information.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. He further submitted that

                   from the very allegation made in the FIR, it appears that the
Patna High Court CR. MISC. No.8232 of 2026(4) dt.24-06-2026
                                            2/3




          matter relates to an incorrect genealogy of a family and the

          petitioner may not be aware of the descendant of Late Feku Rai,

          and, as such, in absence of any criminality, no case is made out

          against the petitioner. On these grounds, petitioner seeks to be

          released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, the allegation made in the FIR, I find

          that if any aggrieved party at all is affected by the genealogy,

          which has been prepared by the Panchayat Secretary, and

          subsequently cancelled by the Sarpanch of the Gram

          Panchayat, the remedy lies before the competent Civil Court. I

          am of the opinion that petitioner has, prima facie, made out a

          case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his/her arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

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

          each to the satisfaction of the learned District Court where the

          case is pending, in connection with Katra P.S. Case No. 110 of
              Patna High Court CR. MISC. No.8232 of 2026(4) dt.24-06-2026
                                                          3/3




                        2024, subject to the condition as laid down under Section 482(2)

                        of the BNSS.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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