Bablu Kumar @ Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39711 of 2026 Arising Out of PS. Case No.-1184 Year-2024 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Bablu Kumar @ Jitendra Prasad Son of Late Chandrika Prasad @Chandrika Ram Resident of Village -Panditpur PS -Rajgir Distt -Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vimala Devi Wife of Late Chandrika Prasad Resident of Village -Panditpur PS -Rajgir Distt -Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Om Prakash Maharaj, Advocate For the State :

Mr. Parmanand Kumar, APP For Opposite Party No. 2:

Mr. Alok Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2.

2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

3. As per prosecution case, complainant alleged that all the accused persons, including this petitioner, entered into a conspiracy and prepared forged partition deed by fabricating complainant's signature in order to grab the land she inherited.

2/4 It is alleged that the accused persons got the land mutated and transferred in the name of one of the accused person on the basis of forged and fabricated documents.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. The present case has been brought after more than 13 years of the partition among the family members of the complainant. As a matter of fact, the partition of the ancestral property was done with the consent of the complainant and other brothers in which there has been no fabrication at all. Since the partition was made final among the family members in the year 2011 itself and no one in the family had any objection but later on, when the land which fell in the share of this petitioner became costly, the complainant, on the instance of other sons, started making objection. It is further submitted that after partition of the ancestral property, the petitioner presented an application for mutation of his share before the Circle Officer, Rajgir, who after perusing the report of the Halka Karamchari, ordered mutation in favour of the petitioner vide order dated 24.12.2020 in Mutation Case No. 784-R-27/2000 after following due process.

Thereafter, the complainant/Opposite Party No. 2 moved before the D.C.L.R.,

3/4 Rajgir, Nalanda for cancellation of Jamabandi of the petitioner and after hearing both the parties, the D.C.L.R., Rajgir, Nalanda dismissed the appeal and upheld the order of Circle Officer, Rajgir. Thereafter, the complainant filed a title suit bearing Title Suit No. 360 of 2021 before the learned Additional Judge, VII, Bihar Sharif, Nalanda, however, later on, she filed an application under Order XXIII Rule I to withdraw the title suit and subsequently, the same was dismissed as withdrawn vide order dated 29.03.2022. The dispute is purely civil in nature and none of the acts, allegedly committed by this petitioner, would give rise to any criminal liability.

5. On the other hand, learned A.P.P. for the State and learned counsel for the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case and nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

4/4 each to the satisfaction of learned Judicial Magistrate, 1st Class, Bihar Sharif, Nalanda in connection with Bihar Sharif Complaint Case No. 1184C of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T