Patna High Court
Jayant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Negotiable Instruments Act — s. 482(2)
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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