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Patna High Court

Niranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.

Summary

The petitioner, Niranjan Kumar, was accused of cheating his brother (the informant) by obtaining a sale deed under false pretences, leading to an FIR under several sections of the B.N.S., 2023. The petitioner argued that the matter was a civil land dispute between brothers, that the informant himself executed the deed, and that the FIR was lodged after an unreasonable delay, rendering criminal prosecution inappropriate. The State and the informant opposed the anticipatory bail, asserting that a cheating offence had been committed. The Court observed that the dispute was essentially civil, that alternative civil remedies were available, and that the delay in filing the FIR was inordinate. Consequently, the Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties, invoking Sections 438(2) of the CrPC and 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted in a cheating case where the underlying dispute is civil and the FIR was lodged after a substantial delay
  • Whether the existence of alternative civil remedies precludes the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • civil dispute
  • delay in FIR
  • brother dispute
  • Criminal Procedure Code
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90137 of 2025
                    Arising Out of PS. Case No.-352 Year-2025 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
                 Niranjan Kumar S/O Raj Bihari Sao R/O Gate No.- 95, Infront, Bans Kothi,
                 Digha Ghat, P.S.- Digha, Dist. Patna

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjiv Sharan, Advocate
                 For the Opposite Party/s :      Mr. Madhura Nand Jha, APP
                 For the Informant        :      Mr. Azhar Hussain, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                  2. The petitioner apprehends his arrest in connection

                   with Gandhi Maidan P.S. Case no.352 of 2025 registered under

                   sections 318(4), 338, 336(3), 340(2) and 61(2) of B.N.S, 2023.

                                3. The allegations in the F.I.R. are that the petitioner

                   cheated the informant of a substantial amount of money by

                   deceitfully obtaining his signature on a sale deed, under the

                   false impression that the document pertained to a partition.

                                4. Learned counsel for the petitioner submits at the

                   outset that the petitioner and the informant are real brothers.

                   While the sale deed is stated to have been executed on

                   13.12.2024, the present fardbeyan was recorded on 01.06.2025,
Patna High Court CR. MISC. No.90137 of 2025(2) dt.15-01-2026
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          pursuant to which a formal F.I.R. was registered on 12.06.2025.

          The informant has failed to give any plausible explanation for

          the inordinate delay in lodging the F.I.R. It is further submitted

          that it was the informant himself who executed the sale deed

          and that the present case has been instituted only with a view to

          grab the petitioner’s money. It is also submitted that the dispute

          is essentially of a civil nature between brothers, for which the

          informant has adequate alternative civil remedies available

          under law.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State and learned counsel for the

          informant that informant has been duped of his money and

          offence of cheating have been committed by the petitioner as he

          has mis-represented before the informant and deceitfully

          executed the sale deed.

                       6. After hearing the rival contentions of the parties, it

          is apparent that there is bona fide land dispute between two

          brothers and the issue primarily involves a civil dispute, for

          which the informant has recourse to other civil remedies and

          also considering that there is inordinate delay in lodging of the

          F.I.R, it is directed that the petitioner, above named, in the event

          of his arrest or surrender before the learned Court below within
            Patna High Court CR. MISC. No.90137 of 2025(2) dt.15-01-2026
                                                        3/3




                      a period of four weeks, be released on anticipatory bail in

                      connection with Gandhi Maidan P.S. Case no.352 of 2025 on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Court concerned where the case is pending/successor

                      Court, subject to the condition laid down under Section 438(2)

                      of the Code of Criminal Procedure/Section 482(2) of the

                      B.N.S.S, 2023.


                                                (Soni Shrivastava, J)

Harsh/-
U       T


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