Prem Nath Rai @ Prem Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36360 of 2025 Arising Out of PS. Case No.-3682 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Prem Nath Rai @ Prem Nath Late Lal Babu Rai Resident of chak Binda P.SGardanibagh, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arvind Kumar @ Uma Shankar S/o- Sri Jagdish Prasad Resident of Chak Binda P.S- Gardanibagh, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand, Adv For the Opposite Party/s :

Mr.Binod Kumar, APP For the O.P. No. 2 :

Mr. Ashok Kumar Garg, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2026 Heard the parties.

2. The petitioner is named in the complaint petition and apprehending his arrest in connection with Complaint Case No. 3682(C) of 2018 registered for the offences punishable under Sections 420 and 468 of the IPC.

3. As per complaint, petitioner withdrew the compensation amount out of land acquisition by way of creating forged documents and impersonations due to which the complainant suffered financial loss of Rs. 42,79,770/-.

4. It is submitted by learned counsel appearing on behalf of the petitioner that after proper notification acquisition of land in issue was initiated by NHAI. It is submitted that the

Patna High Court CR. MISC. No.36360 of 2025(5) dt.22-01-2026 2/3 objection was filed by complainant, which was also not taken into consideration by the authority concerned and taking note of the documents as available on record the compensation against land acquisition was awarded in the favour of petitioner. It is submitted that as a matter of an afterthought to create a pressure, present false criminal complaint was lodged against petitioner which was completely un-occasioned and unwarranted. While concluding argument, it is submitted that still the jamabandi of disputed land is existing in favour of this petitioner, who is a man of clean antecedent.

5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that by way of impersonating Jamuni Devi, who died in the year 2011, petitioner withdrew the compensation amount as awarded by NHAI for the land acquisition.

6. In view of aforesaid factual submission and by taking note of fact as dispute primarily appears civil in nature, where taking note of objections as preferred by complainant, acquisition authority already awarded compensation in favour of petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.

Patna High Court CR. MISC. No.36360 of 2025(5) dt.22-01-2026 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna/concerned Court, where the case is pending in connection with Complaint Case No. 3682(C) of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T