Patna High Court
Chandeswar Rai @ Chandeshvar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 406, 420, 467, 468
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
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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
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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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