Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated bond and conditions.
Summary
The petitioner, Nitesh Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code relating to alleged impersonation and fraudulent sale of ancestral land. The prosecution alleged that the petitioner was a witness to a sale deed in which the land of Sushma Sharma was fraudulently transferred to Pranav Kumar by an impersonator. The petitioner contended that he was merely a witness, received no consideration, and was not a beneficiary of the transaction, which he described as a civil dispute. He also highlighted that a co‑accused, Dharmendra Kumar, had already been granted anticipatory bail by the same court. The State opposed the bail application, arguing the seriousness of the offences. Considering the nature of the accusation and the facts, the court granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged offences under Sections 419, 420, 467, 468, 471 and 120(B) of the IPC.
- Whether the petitioner’s role as a witness to a civil land‑sale deed disqualifies him from bail.
Legislation cited
- Indian Penal Code — s. 120(B), 419, 420, 467, 468, 471
Subjects
- anticipatory bail
- Indian Penal Code
- impersonation
- land sale dispute
- witness
- civil nature of dispute
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85747 of 2025
Arising Out of PS. Case No.-305 Year-2023 Thana- GANDHIMAIDAN District- Patna
======================================================
Nitesh Kumar S/O Sri Pawneshwar Mandal Resident of Ward No. 4, Ujan,
P.O- Lohna Road, P.S- Sakatpur, Distt.- Darbhanga (Bihar), Pin- 847407
bearing Aadhar No. 378809191894.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandrashekhar Azad, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum,, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 419, 420, 467, 468, 471,
120(B) of the Indian Penal Code.
3. The prosecution case, as disclosed in the first
information report, is that one Sushma Sharma, upon receipt of
information that few persons had impersonated her and her son
Nishant Kumar and sold her ancestral land by way of registry, the
informant visited the registry office and found that one Shravan
Kumar had impersonated himself to be the son of Sushma Sharma
and registered her land in the name of one Pranav Kumar. This
petitioner is alleged to be witness of the sale deed.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner is
only alleged to be the witnesses in the sale deed No. 18590. He
Patna High Court CR. MISC. No.85747 of 2025(2) dt.09-02-2026
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further submits that petitioner is not the beneficiary of the sale
deed and never received any money. It is further submitted that co-
accused, namely, Dharmendra Kumar has already been granted
anticipatory bail by co-ordinate Bench of this Court vide order
dated 25.07.2025 passed in Cr. Misc. No. 31869 of 2025.
Moreover, dispute involved in this case is with regard to sale and
purchase of land which is purely of civil nature.
5. Learned A.P.P. for the State vehemently opposed the
bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed and
it is ordered that let the above named petitioners in the event of
their arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of Sub-Divisional Judicial
Magistrate, Patna in connection with Gandhi Maidan P. S. Case
No. 305 of 2023, subject to condition as laid down under Section
482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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