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Patna High Court

Praveen Kumar @ Praveen Kumar Mandal @ Shravan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a cash bond, sureties and conditions of appearance and conduct.

Summary

The petitioner, Praveen Kumar, was arrested in connection with a case alleging impersonation of a woman’s son and the execution of a forged sale deed to transfer ancestral land, violating IPC sections 419, 420, 467, 468, 471 and 120(B). The prosecution argued the seriousness of the offences, while the defence highlighted that the entire sale proceeds of Rs. 1.28 crore were returned to the rightful owner through the petitioner and a co‑accused, and that no loss remained. The court noted that a co‑accused, Dharmendra Kumar, had already been granted bail by a coordinate bench. Considering the restitution, the nature of the offences, and the precedent of bail to a similarly situated accused, the court ordered bail for the petitioner on a bond of Rs. 10,000 with two sureties and imposed standard conditions for appearance and conduct. The order expressly stated that any observations made would not affect the trial.

Issues considered

  • Whether bail should be granted to an accused charged with offences under Sections 419, 420, 467, 468, 471 and 120(B) of the IPC where the alleged loss has been fully restituted.
  • Whether the grant of bail to a co‑accused in a coordinate proceeding influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • forgery
  • impersonation
  • land sale
  • IPC
  • restitution
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84595 of 2025
                    Arising Out of PS. Case No.-305 Year-2023 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
                 Praveen Kumar @ Praveen Kumar Mandal @ Shravan Kumar S/O Late
                 Ramchandar Mandal Resident of village and P.O- Barhara, P.S- Nadi Thana,
                 District- Supaul (Bihar),Pin- 847452 bearing Aadhar No.- 4013 5555 6640

                                                                                 ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                                           ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandrashekhar Azad, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   05-01-2026                      Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Gandhi Maidan P.S. Case No. 305 of 2023

                   registered for the offences punishable under Sections 419,

                   420, 467, 468, 471 and 120(B) of the Indian Penal Code.

                                3. As per the prosecution case, the informant has

                   alleged that few persons including the petitioner had

                   impersonated her son, namely, Nishant Kumar and had sold

                   her ancestral land by way of forged sale deed. It has further

                   been alleged that when the informant visited the registry
Patna High Court CR. MISC. No.84595 of 2025(2) dt.05-01-2026
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          office she found that one Praveen Kumar @ Shravan Kumar

          (the petitioner) had impersonated himself as her son and

          registered her land in the name of one Pranav Kumar.

                       4. The learned counsel for the petitioner submits

          that the money received in lieu of the sale of the land was

          received in the account of petitioner which was transferred

          by Pranav Kumar. However, upon knowledge of the entire

          facts, F.I.R against the petitioner and others were filed and

          out of the total amount of Rs. 1,28,00,000/-, Rs. 73,00,000/-

          was paid back by the petitioner in the account of Pranav

          Kumar and the remaining Rs. 55,00,000/- was also returned

          by the co-accused, Dharmendra Kumar, who was acting as

          the mediator in the transaction and was also a witness of the

          sale deed. It has been submitted that no loss has occurred to

          the informant and the amount which was received by the

          accused persons has already been returned to Pranav

          Kumar. It has also been submitted that the informant has

          also filed a title suit being 157 of 2023 to declare the sale

          deed no. 18590 dated 14.12.2022 as null and void.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.
Patna High Court CR. MISC. No.84595 of 2025(2) dt.05-01-2026
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                       6. Considering the aforesaid submission, facts and

          circumstances of the case and taking into account the fact

          that the money has been returned to Pranav Kumar and a

          similarly situated co-accused, namely, Dharmendra Kumar

          has been granted bail by a coordinate Bench of this Court

          vide order dated 25.07.2025 passed in Cr. Misc. No. 31869

          of 2025, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

          two sureties of the like amount each to the satisfaction of

          the learned court below where the case is pending/successor

          court in connection Gandhi Maidan P.S. Case No. 305 of

          2023, subject to the following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be local resident.

                       (ii) The petitioner shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the

          petitioner will be liable to be cancelled by the court

          concerned.

                       (iv) If the petitioner is found involved in similar
               Patna High Court CR. MISC. No.84595 of 2025(2) dt.05-01-2026
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                         nature of offence in future, the prosecution shall be at

                         liberty to move for cancellation of his bail bond.

                                      (v) The learned Court below shall verify the

                         criminal antecedent of the petitioner and in case at any stage

                         it is found that the petitioner has concealed his criminal

                         antecedent, the court below shall take step for cancellation

                         of bail bond of the petitioner. However, the acceptance of

                         bail bonds in terms of the above-mentioned order shall not

                         be delayed for purpose of or in the name of verification.

                                      7. Accordingly, the prayer for bail is allowed.

                                      8. It is made clear that the observation, if any,

                         made in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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