Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36762 of 2025 Arising Out of PS. Case No.-138 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Manoj Kumar S/o Late Ram Prasad Rai R/o Vill- Hilalpur, P.S.- Industrial Area, Distt- Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Raj Kmari Devi Femal W/o- Late Keshav Murti Prasad Chaudhary R/oVillage - Jethui P.S. - Industrial Area District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner apprehending his arrest in connection with Industrial Area P.S. Case No. 138 of 2024 registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) of Bhartiya Nayay Sanhita 2023.
3. The allegation against the petitioner is to identify the sale deed which alleged to be forged.
4. It is submitted by Mrs. Vaishnavi Singh, learned counsel appearing on behalf of the petitioner that the maximum allegation available against this petitioner is to identify the sale deed which was executed by his mother, namely, Basanti Devi in
Patna High Court CR. MISC. No.36762 of 2025(6) dt.06-01-2026 2/3 favour of one Dilip Kumar. It is pointed out that the implication of this petitioner is only for the reason that he is son of Basanti Devi. It is submitted that the petitioner is not the beneficiary of any monetary transactions arising out of alleged sale and moreover, the dispute in issue is civil dispute, for which the present criminal case is unoccasioned and unwarranted.
5. Arguing further, it is submitted that the land in issue was alleged to sale in year 1970 by creating forged documents but till date no steps for cancellation of alleged forged document/sale deed was made before competent civil court by the informant/opposite party no. 2. It is submitted that in year 1970 the mutation of the land in issue was in favour of father of the petitioner, who is the husband of co-accused Basanti Devi. It is pointed out that the FIR in issue was not lodged for the offences punishable for organized crime.
6. Explaining criminal antecedents, it is submitted that petitioner found involved in three more criminal cases, where he is on bail and all these three cases arising out of land disputes.
7. Learned APP while opposing the prayer of bail could not disputed the submission that petitioner was only identifier of the sale deed in issue.
8. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.36762 of 2025(6) dt.06-01-2026 3/3 taking note of fact as the disputes primarily appears civil in nature, where the petitioner was only the identifier of the alleged sale deed, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-14, Vaishali at Hajipur/concerned Court, where the case is pending in connection with Industrial Area P.S. Case No. 138 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T