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Patna High Court

Mithlesh Kumar @ Mithilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Mithlesh Kumar, sought anticipatory bail in a complaint alleging offences under Sections 406, 420, 467, 468, 471 and 120(B) of the IPC arising from a family land dispute. The complaint alleged that the petitioner’s wife sold more land than agreed and that the petitioner was implicated despite being in jail and being the complainant’s brother. The petitioner argued that the dispute was civil in nature, a title suit had already determined the complainant’s share, and his wife had been granted bail with an order to pay compensation. The court noted the nature of the family dispute, the pending civil decree, and the fact that the wife’s bail had been granted, and found no reason to deny anticipatory bail. Accordingly, the court granted anticipatory bail subject to the conditions of Section 438(2) of the CrPC.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged offences under Sections 406, 420, 467, 468, 471 and 120(B) of the IPC arising from a family land dispute.
  • Whether the existence of a pending civil title suit and a bail order against the petitioner’s wife affect the grant of anticipatory bail to the petitioner.
  • Whether the conditions prescribed under Section 438(2) of the Code of Criminal Procedure are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • family dispute
  • IPC offences
  • Section 438 CrPC
  • property fraud
  • breach of trust
  • civil title suit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91283 of 2025
                   Arising Out of PS. Case No.-438 Year-2022 Thana- COMPLAINT CASE - DANAPUR
                                                     District- Patna
                 ======================================================
                 Mithlesh Kumar @ Mithilesh Kumar S/O Late Janak Singh R/O Shahar
                 Rampur, P.S- Piplama (Naubatpur), Distt.- Patna.
                                                                   ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Akhilesh Kumar S/O Janak Singh R/O Shahar Rampur, P.S- Piplama
                  (Naubatpur), Distt.- Patna.
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ghanshyam Tiwary
                 For the Opposite Party/s :    Mr. Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   02-04-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Complaint Case No. 438 (C) of 2022 disclosing

                            offences under Sections 406/420/467/468/471/120(B) of

                            the Indian Penal Code.

                       3.   A complaint has been filed by opposite party no. 2, stating

                            therein, that on 16.10.2021, when the complainant came

                            to his village-Sharampur, the sister-in-law of the

                            complainant, namely, Ranju Devi, i.e. wife of the

                            petitioner, demanded 4.125 decimals of land from the

                            complainant out of the total area of land admeasuring

                            16.5 decimals for the purpose of marriage of her daughter.
Patna High Court CR. MISC. No.91283 of 2025(3) dt.02-04-2026
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                  It has further been alleged that wife of the petitioner sold

                  8.25 decimals of land instead of 4.125 decimals, falling in

                  the share of petitioner and agreed to transfer extra land of

                  5.25 decimal by way of exchange to compensate the

                  complainant for extra land which was sold by wife of the

                  petitioner. The extra land of the petitioner’s share which

                  was to be transferred in exchange in favour of the

                  complainant was also sold by the wife of petitioner.

              4. Learned counsel for the petitioner submits that the

                  petitioner has falsely been implicated in the present case

                  due to family dispute and admittedly the land was sold by

                  wife of the petitioner, Ranju Devi, for performing

                  marriage of their daughter while the petitioner was in jail.

                  He next submits that the petitioner is own brother of

                  complainant and a title suit, bearing Title Suit No. 159 of

                  2022, was filed by the complainant claiming his share,

                  wherein, a decree was passed by Civil Judge, Senior

                  Division-II, Danapur, declaring the share of complainant.

                  He further submits that in a bail application of petitioner’s

                  wife, this Court directed the petitioner’s wife to pay a

                  sum of Rs. 1,00,000/- in favour of the complainant. The

                  bail application of the petitioner’s wife was decided in Cr.
            Patna High Court CR. MISC. No.91283 of 2025(3) dt.02-04-2026
                                                        3/3




                              Misc. No. 584 of 2026.

                          5. Despite service of notice, no one appeared on behalf of

                              opposite party no. 2.

                          6. Regards being had to the submissions made on behalf of

                              the parties and taking into consideration the nature of

                              dispute between brother and the fact that in a title suit the

                              share of opposite party no. 2 has been decided and

                              petitioner’s wife has been granted bail, I am inclined to

                              grant the petitioner privilege of anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8. Let the petitioner, above named, in the event of his arrest

                              or surrender before the Court below within four weeks, be

                              released on bail on furnishing bail bond of Rs. 10,000/-

                              (Ten Thousand) each with two sureties of the like amount

                              each to the satisfaction of learned Judicial Magistrate

                              First Class, Patna, in connection with Complaint Case No.

                              438 (C) of 2002, subject to the condition laid down under

                              Section 438 (2) of the Code of Criminal Procedure.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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