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Patna High Court

Jayant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions.

Summary

Petitioner Jayant Kumar was accused of forging documents, cheating, assault and other offences under several IPC sections in a land dispute with his mother. He claimed the case was fabricated, arising from a pending civil title suit over the same land, and asserted his innocence and clean antecedent. The State opposed his anticipatory bail application. The Court, considering the familial relationship, the civil nature of the underlying dispute, and the petitioner's clean record, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The order also directed the Judicial Magistrate to enlarge bail upon surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious IPC charges.
  • Whether the civil land dispute and the petitioner's clean antecedent justify the grant of bail under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • land dispute
  • Indian Penal Code
  • civil suit
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8583 of 2026
                  Arising Out of PS. Case No.-452 Year-2019 Thana- COMPLAINT CASE - PATNA CITY
                                                      District- Patna
                 ======================================================
                 Jayant Kumar Son of Late Ramkrishna Mahto @ Ramkrishna Mehta Resident
                 of Mohalla - Karmalichak, P.S. - Bypass, District - Patna.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Most. Shanti Devi W/o Late Ramkrishna Mahto @ Late Ramkrishna Mehta
                 Resident of Mohalla - Karmalichak, P.S. - Bypass, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :    Md. Mushtaque Alam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 467, 468, 471, 420,

                   120B, 323, 504, 379, 34 of the Indian Penal Code.

                                3. Prosecution case, in brief, is that in order to grab

                   the land of complainant, this petitioner made forged documents

                   with the signature of complainant and when she confronted the

                   petitioner, he abused and assaulted the complainant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is own son of the complainant and due to partition dispute

                   between the parties, this false and concocted case has been
              Patna High Court CR. MISC. No.8583 of 2026(2) dt.23-02-2026
                                                          2/2




                        lodged against petitioner. It is further submitted that Title Suit

                        No. 78 of 2019 is already pending between the parties for the

                        land in question. Dispute involved in this case is with regard to

                        sale and purchase of land which is purely civil in nature.

                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation, relation between the parties and clean antecedent,

                        this anticipatory bail is allowed and it is ordered that let the

                        above named petitioner in the event of his 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) with two sureties of the like amount

                        each to the satisfaction of Judicial Magistrate, 1st Class, Patna

                        City in connection with Complaint Case No. 452 of 2019,

                        subject to condition as laid down under Section 482(2) of the

                        BNSS.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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