Patna High Court
Praveen Kumar @ Praveen Kumar Mandal @ Shravan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Indian Penal Code — s. 120B, 419, 420, 467, 468, 471
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
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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.
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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
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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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