Patna High Court
KUMAR YASHWANT SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 120, 406, 420, 465, 467, 468, 469, 506
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
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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
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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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