Patna High Court
Bimal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond of Rs.10,000 and two sureties.
Summary
Bimal Kumar Singh was charged under Sections 420 and 467 of the Indian Penal Code for allegedly forging a document to claim a compensation of Rs.4 lakh after his father's death. He contended that the amount was shared with his brother and that the property declared to the authorities was joint family property of which he is a co‑sharer. The petitioner sought anticipatory bail, arguing that the case was filed by his brother in collusion with the complainant due to a family partition dispute. The State opposed the bail, asserting the seriousness of the alleged fraud. The Court examined the nature of the document, the petitioner’s co‑ownership of the property, and the absence of any risk of fleeing, and applied the provisions of Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. It granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, to be executed within four weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of forgery and cheating under IPC Sections 420 and 467
- Whether the petitioner poses a risk of absconding or tampering with evidence
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420, 467
Subjects
- anticipatory bail
- forgery
- cheating
- IPC 420
- IPC 467
- family property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89512 of 2025
Arising Out of PS. Case No.-505 Year-2021 Thana- GANDHIMAIDAN District- Patna
======================================================
Bimal Kumar Singh Son of Late Yadunath Singh Resident of Village- Nawa
Nagar, P.S.- Udawant Nagar, District- Bhojpur (Ara) PIN 802157
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Gandhi Maidan P.S.
Case No. 505 of 2021 registered for the offences punishable under
Sections 420/467 of the Indian Penal Code.
3. It is alleged through FIR that petitioner on the basis of
forged document availed the entire monetary compensation of Rs.
Four Lakhs after the death of his father due to Covid-19 related
complexities.
4. Learned counsel appearing on behalf of the petitioner
submitted that the petitioner, after receiving the compensatory
amount, paid half of it to his brother and on his advise only the
joint family property was sworn before the authority. It is
Patna High Court CR. MISC. No.89512 of 2025(2) dt.17-02-2026
2/2
submitted that due to certain dispute arising out of family
partition, the brother of petitioner in connivance with C.O. lodged
this criminal case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as the document, which sworn before the
authority for claiming the amount, as aforesaid, was the joint
family property where this petitioner is also a co-sharer,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Patna/concerned court in connection with Gandhi
Maidan P.S. Case No. 505 of 2021, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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