Raj Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40499 of 2026 Arising Out of PS. Case No.-449 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== Raj Kumar Roy, S/o Ramjivan Roy, R/o Shivpuri Colony, P.S.- Ishakchak, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pravina Kumari, Advocate Mr. Bijendra Kumar, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-07-2026 Heard learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Nathnagar (Madhusudanpur) P.S. Case No. 449 of 2022 registered for the offences under Sections 406, 420, 467, 468/34 of the Indian Penal Code.
3. Allegedly an unknown person executed the sale deed and sold the informant's ancestral land in favour of Shweta Kumari in the office of the Registrar, Bhagalpur without his consent. The land originally belonged to the informant's grand mother and her family, who have been paying revenue and cultivating it. The petitioner is said to be the one of the witness to the sale deed.
Patna High Court CR. MISC. No.40499 of 2026(2) dt.01-07-2026 2/3
4. Learned Advocate for the petitioner submitted that since the purchaser of the land, in question, was a local residents and, as such, the petitioner knowing very well, put his signature as a witness on the sale deed. The petitioner has neither played any role in the agreement to sale nor it is the case of the prosecution that he has received any consideration amount and only on account of he being the witness to the sale deed, his name has been implicated in order to wreak vengeance. The offences even if alleged in the F.I.R. is taken to be true, predominantly appears to be civil in nature and the informant has specific remedy available under the law.
5. On the other hand, learned APP for the State opposes the bail application and submits that the petitioner is also accused in identical nature of case and, as such, he appears to be indulged in such type of activity.
6. Regard being had to the submissions advanced by the learned Advocate for the respective parties and considering the fact that save and except the allegation that the petitioner is a witness to the sale deed, in question, whereby the sale deed with respect to the questioned land has been executed in favour of co-accused Shweta Kumari, there is no allegation of fraud and realization of any amount, besides the dispute appears to be a
Patna High Court CR. MISC. No.40499 of 2026(2) dt.01-07-2026 3/3 civil in nature, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 449 of 2022, subject to the condition as laid down under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T