Trivikram Narain Pathak @ Trivikram Narayan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1554 of 2026 Arising Out of PS. Case No.-550 Year-2025 Thana- MANER District- Patna ====================================================== Trivikram Narain Pathak @ Trivikram Narayan Pathak S/o- Late Narsingh Pathak R/v- Rashtogi Mohalla Ballupar, Tiwari Tola W.No-9, Po- Maner, PsManer Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravi Raushan S/O Late Dharamdutt Pathak R/O Rastogi Mohalla, Ballupar, Maner, Ward No-9, PS-Maner, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Md. Helal Ahmad, Advocate For the State :

Mr. Yogendra Kumar, APP For the Informant :

Mr. Jitendra Narain Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2026 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 informant/Opposite Party No. 2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 318(4), 336(2), 336(3) and 340(2) of the B.N.S..

3. As per prosecution case, it is alleged that this petitioner committed fraud and forgery in his residence certificate, aadhar card, PAN card and voter identity card by wrongly entering the name of his elder uncle, late Narsingh

2/4 Pathak, instead of his father, namely late Sitaram Pathak and on that basis, this petitioner executed several sale deeds without having right, title or possession over the land.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, petitioner is the only surviving son of late Narsingh Pathak, which would be evident from bare perusal of the family tree issued under the Notarial Certificate No. 10289 dated 10.12.2025 wherein father of this petitioner is clearly mentioned as Narsingh Pathak. Also, in the Aadhar card, PAN card and Voter ID card of this petitioner, the name of father is mentioned as Narsingh Pathak.

Prior to death of Sitaram Pathak, the entire family property was divided into two shares out of which one was allotted to this petitioner devolved to him from his father, namely late Narsingh Pathak, while another half was partitioned between Vachaspati Pathak and Dharamdutt Pathak (informant's father), who were sons of late Sitaram Pathak.

3/4 even illegally got rent receipts issued in his name for which, this petitioner sent multiple applications to the Circle Officer, Patna regarding illegal rent receipts being issued in the name of informant and his brother. In reality, the petitioner is entitled to the share of his father, namely late Narsingh Pathak, which would be half share of the ancestral property while informant is entitled only to half of the other half i.e. share of his grandfather, namely late Sitaram Pathak, which got devolved to him through his father, namely Dharamdutt Pathak. It is further stated that petitioner has only seven daughters and no male child and taking advantage of this situation, informant is trying to grab the petitioner's share of property.

It is further submitted that prior to lodging of the present case, the petitioner had filed a complaint case being Complaint Case No. 763(c) of 2025 before the learned A.C.J.M.-I, Danapur, Patna against informant and his brother for their illegal activities and encroachment and only with a view to save their skin from the aforesaid case, this false and concocted case has been lodged. It is lastly submitted that dispute is with regard to right, title and possession over land, which is purely civil in nature.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of

4/4 anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, case and counter-case between the parties and nature of dispute, 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 each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur in connection with Maner P.S. Case No. 550 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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