Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Code of Criminal Procedure — s. 438(2)
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
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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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