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Patna High Court

KUMAR YASHWANT SINGHversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner was not a beneficiary of any fraudulent transaction and the dispute was civil, thereby granting bail.

Summary

The petitioner, Kumar Yashwant Singh, was named in an FIR under several IPC sections for allegedly being involved in a forged sale deed concerning land in Bhagalpur. He contended that he was merely a witness and not a beneficiary of any fraudulent transaction, asserting that the matter was essentially civil and that mediation had been conducted without his signature. The State opposed his bail, while the informant highlighted a dishonoured cheque of Rs 10 lakh issued by the petitioner and alleged that the petitioner benefited from the fraud. The court examined the submissions and found no convincing evidence that the petitioner was a beneficiary, noting the civil nature of the dispute. Consequently, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS 2023.

Issues considered

  • Whether the petitioner, as a witness, can be held liable under Sections 406, 420, 467, 468, 465, 469, 120‑B and 506 of the IPC for the alleged forged sale deed.
  • Whether the dispute is civil in nature and thus unsuitable for criminal prosecution.
  • Whether bail should be granted to the petitioner in view of the alleged dishonoured cheque and other allegations.

Legislation cited

Subjects

  • bail
  • forged documents
  • sale deed
  • civil dispute
  • IPC sections
  • mediation
  • criminal complaint
  • witness
  • dishonoured cheque

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85012 of 2023
                    Arising Out of PS. Case No.-3 Year-2017 Thana- BHAGALPUR KOTWALI District-
                                                        Bhagalpur
                 ======================================================
                 Kumar Yashwant Singh, S/o Ramesh Prasad Singh, R/o Sabalpur, P.S.-
                 Barahat, Dist. Banka, Bihar.
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                 2. Smt. Anita Singh, W/o Prabhas Kumar Singh, R/o Sakin- Kusaha, P.S.-
                 Shambhuganj, Dist.-Banka and present residing at 612/1, Railway Officers
                 Colony, Samastipur, District-Samastipur.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Samir Kumar, Advocate
                 For the State          :       Mr.Anand Kishore Choudhary, APP
                 For the Informant      :       Mr. Abhay Shanker Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   20-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State duly assisted by

                   learned counsel appearing for informant/O.P. No.2.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Kotwali (Adampur)

                   P.S. Case No.3 of 2017 registered under Sections 406, 420,

                   467, 468, 465, 469, 120-B and 506 of the Indian Penal

                   Code.

                                3. Allegation against petitioner is to witness the

                   disputed sale deed, which was alleged to be executed with

                   forged documents regarding Khata No.50, Khesra No.947,
Patna High Court CR. MISC. No.85012 of 2023(6) dt.20-01-2026
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          Area 2 acre 27 decimals.

                       4. It is submitted by learned counsel appearing for

          petitioner that primarily the dispute between the parties are

          civil in nature for which, this criminal complaint case is

          completely un-occasioned and unwarranted. It is submitted

          that this petitioner was only the witness of the disputed sale

          deed, which was alleged to be executed with forged document

          and contents regarding Khata No.50, Khesra No.947 for the

          area 1 acre.

                       5. Arguing further, it is submitted that petitioner

          was not the beneficiary of any transaction arising out of

          aforesaid deal of the land. It is submitted that a mediation

          was done in this matter by Mediation Centre, Patna High

          Court, where all three beneficiaries, namely, Bhagwan Dutt

          (broker), Manoj Tiwari and Gautam Kumar (seller of the land)

          were present and matter was sorted out. It is submitted that

          said mediation proceeding was not signed by this petitioner.

                       6. Learned APP for the State opposed the prayer of

          bail.

                       7.    Mr. Abhay Shanker Singh, learned counsel
Patna High Court CR. MISC. No.85012 of 2023(6) dt.20-01-2026
                                            3/4




          appearing for the informant/O.P. No.2 while opposing the

          prayer of bail submitted that the conduct of the petitioner is

          not fair as prior to this case, he issued a cheque for Rs.10

          lakhs to the informant, which got dishonoured upon

          presentation and on interference by this Court only, he paid

          Rs. 1 lakh at the time of furnishing of bail bonds but rest of

          the balance amount was not paid till date to the informant. He

          fairly conceded that for the same, the different prosecution is

          pending. It is submitted that mediation proceeding was signed

          by the advocate of this petitioner and, therefore, it is also

          binding upon him. It is also pointed out that the benefit what

          received by the accused Bhagwan Dutt and Manoj Tiwari

          already returned to the petitioner, whereas the co-accused

          Gautam is still absconding.

                       8. Considering the aforesaid submissions, it appears

          not convincing by any stretch of argument that the petitioner

          as a witness is beneficiary of any fraudulent transaction,

          coupled with fact the dispute appears civil in nature,

          accordingly, the petitioner, above-named, in the event of his

          arrest or surrender in the court below within a period of four
          Patna High Court CR. MISC. No.85012 of 2023(6) dt.20-01-2026
                                                      4/4




                    weeks from today, is directed to be released on bail 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 Chief Judicial Magistrate, Bhagalpur in connection

                    with Kotwali (Adampur) P.S. Case No.3 of 2017, subject to

                    the conditions as laid down under Section 438(2) of the Code

                    of Criminal Procedure (in short ‘CrPC’)/under Section 482(2)

                    of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                    ‘BNSS’).


                                                              (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


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