The Patna High Court granted anticipatory bail to the petitioner in a case involving cheating and forgery. The court held that the FIR stemmed from a dispute over revenue records, effectively a private matter, warranting bail.
Anticipatory bail allowed subject to conditions under Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11309 of 2021
Arising Out of PS. Case No.-390 Year-2019 Thana- NAGAR District- Vaishali
======================================================
Jai Prakash Rai @ Prakash Rai, Male aged about 40 years, Son of Late Dharam Nath Rai, Resident of village- Dighi Kala West, P.S.- Sadar Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
| =================== | ... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : For the Opposite Party/s : For the Informant : =================== |
Mr. Santosh Kumar, Advocate Mr. Akhileshwar Dayal, APP Mr. Arvind Kumar Sinha, Advocate =================================== |
| CORAM: HONOURABL SHARMA |
E MR. JUSTICE SANJEEV PRAKASH |
ORAL ORDER
5 21-02-2022
Heard the parties.
The petitioner seeks bail in anticipation of his arrest in connection with Hajipur Town P.S. Case No. 390 of 2019 instituted for the offences punishable under Sections 420, 406, 467, 468, 120(B) of the Indian Penal Code.
Considering that the informant has lodged this FIR with regard to wrongful entry of name of the petitioner in revenue records relating to the land which belongs to the informant. In the opinion of this Court, present case is a dispute relating of revenue matter.
In view thereof, I am inclined to allow the petitioner on bail, in the event of arrest he shall be released on anticipatory
Patna High Court CR. MISC. No.11309 of 2021(5) dt.21-02-2022 2/2
bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given that the underlying FIR appears to arise from a civil revenue dispute.
Whether the allegations of wrongful entry in revenue records justify treating the offence as a private dispute requiring bail.
Colour shows how this judgement treated each authority
N.A.Referred
1 provisions across 1 enactments
Jai Prakash Rai
The State of Bihar
Sanjeev Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
