Patna High Court
Suresh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioner, holding that the case is essentially a civil dispute and may be dealt with under its inherent powers.
Summary
The petitioner applied for anticipatory bail fearing arrest in a criminal case (PS No. 346 of 2025) alleging offences under several sections of the Indian Penal Code, including forgery, intimidation and criminal conspiracy. The FIR alleged that the petitioner and co‑accused forged land documents, sold the land among themselves and later threatened the informant to seize the land. The petitioner contended he was innocent, claiming the dispute was purely civil over a land transaction that occurred thirty years earlier and that the informant fabricated the complaint for monetary gain. The State opposed bail. After hearing both sides, the Court held that the matter was essentially a civil dispute and, invoking its inherent powers under Section 482 of the CrPC, ordered the petitioner to be released on bail upon surrender and furnishing a bail bond with sureties. The order directed the petitioner to surrender within four weeks and comply with the bail conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
- Whether the allegations constitute a criminal offence or a civil dispute
- Whether the Court can exercise its inherent powers under Section 482 CrPC to grant bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 119(2), 308(3), 308(4), 318(4), 336(3), 338, 340(2), 351(2), 61(2)
Subjects
- anticipatory bail
- civil dispute
- land forgery
- Indian Penal Code
- Section 482 CrPC
- bail conditions
- criminal conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88269 of 2025
Arising Out of PS. Case No.-346 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Suresh Prasad, S/o Shyam Narayan Prasad, R/o Village - Nikaspur, P.S -
Tajpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Samastipur Muffasil P.S. Case no. 346 of 2025
instituted for the offence under Sections 318(4), 338, 336(3),
340(2), 351(2), 308(3), 308(4), 119(2), 61(2) of the B.N.S.
3. As per allegation in the FIR, Petitioner and other
co-accused persons had fraudulently created forged documents
of the land of the informant and subsequently sold and
purchased the said land from one another. It is further alleged
that, thereafter, petitioner along with other accused persons
having arms came at the land of the informant with intention to
Patna High Court CR. MISC. No.88269 of 2025(2) dt.05-01-2026
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grab the land and threatened the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. The informant has hatched a fabricated
story to get undue monetary benefit of a land which was sold by
his brother 30 years back to one Sakuntala Devi. It is further
submitted that the petitioner is the bonafide title holder of the
aforesaid land which was sold by him in favour of one Kundan
Kumar son of Vinod Rai and Ramjeevan Kumar son of Rajo
Paswan through the registered sale deed. He further submits
that the present case is a civil dispute between the parties.
5. Learned APP appearing for the State has opposed
the prayer of Bail.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above and
considering that this case is purely a civil dispute, this Court is
inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Samastipur Muffasil P.S. Case no. 346 of 2025,
he will be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.88269 of 2025(2) dt.05-01-2026
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amount each to the satisfaction of learned Sub-Judge-cum-
A.C.J.M.-II, Samastipur, subject to the conditions as laid down
under section 482 of the B.N.S.S.
(S. B. Pd. Singh, J)
khushbu/-
U T
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