Mahendra Prasad Singh v. The State of Bihar

Patna HC16 May 2025CR. MISC./26697/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; pre-arrest bail; Section 482(2) BNSS 2023; Patna High Court; CR. MISC. No.26697 of 2025; Gaya complaint case; forged memorandum of partition; genealogical table; Sarpanch certification; Sections 420/467/468/323/504/506-34 IPC; civil dispute dominant; Partition Suit No. 39 of 2022; co-sharers; bail bonds Rs.10,000/-; Harish Kumar, J.

What did the court decide?

Anticipatory (pre-arrest) bail: petitioners to be released on bail in the event of arrest or surrender before the court below within four weeks, upon bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-III, Gaya, subject to Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 conditions and the condition that one bailor be an own/close family member. ¶¶24

Mahendra Prasad Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Complaint Case No. 1883 of 2023 (Sections 420, 467, 468, 323, 504 and 506/34 IPC) concerning an alleged forged memorandum of partition and genealogical table used to sell the complainant's land, are entitled to pre-arrest (anticipatory) bail.

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Court's answer

Weighing the submissions of the parties and the petitioners' role (petitioner nos. 1 & 2, one being Sarpanch of the village Panchayat, having put signatures on the memorandum), and because the case predominantly appears to be civil in nature with a partition suit already pending between the co-sharers, the court found the petitioners fit to be released on bail in the event of arrest or surrender.

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Ratio / Principle

Pre-arrest bail granted: release on bail upon arrest or surrender within four weeks, upon bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-III, Gaya, subject to the conditions in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023, with the further condition that one bailor shall be an own/close family member of the petitioners.

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Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Harish Kumar, J) allows pre-arrest bail where the dispute predominantly appears civil: Petitioners apprehending arrest in Complaint Case No. 1883 of 2023, Gaya (Sections 420, 467, 468, 323, 504, 506/34 IPC), for allegedly selling 48 decimals of the complainant's land via a forged memorandum of partition and genealogical table - petitioner no. 2 as Sarpanch certifying the schedule and petitioner no. 1 signing as witness - were granted bail. Considering their role and that the case 'predominantly appears to be civil in nature', with Partition Suit No. 39 of 2022 already pending between the co-sharers, the court directed release on arrest or surrender within four weeks on bail bonds of Rs.10,000/- each with two like sureties to the satisfaction of the District & Additional Sessions Judge-III, Gaya, subject to Section 482(2) BNSS, 2023 conditions, one bailor being an own/close family member.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26697 of 2025

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Arising Out of PS. Case No.-1883 Year-2023 Thana- GAYA COMPLAINT CASE DistrictGaya

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Mahendra Prasad Singh S/o Late Bindeshwar Singh R/o Vill.- Mathurapur, P.S.-Guraru, Distt.- Gaya

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Gangeshwar Kumar @ Gangeshar Kumar S/o Akal Paswan R/o Vill.Mathurapur, P.S.-Guraru, Distt.- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sudhir Kumar S/o Janardhan Singh R/o Vill.- Mathurapur, P.S.-Guraru, Distt.- Gaya

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

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2 16-05-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.

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The petitioners apprehend their arrest in connection with Complaint Case No. 1883 of 2023, registered for the offences punishable under Sections 420, 467, 468, 323, 504 and 506/34 of the Indian Penal Code.

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Allegedly, the accused persons in collusion with each other by making a forged and fabricated memorandum of partition and genealogical table sold 48 decimals of land of different Khatas and Khesra of the complainant. It is specifically alleged that the petitioner no. 2 being Sarpanch of the Panchayat

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Patna High Court CR. MISC. No.26697 of 2025(2) dt.16-05-2025 2/3

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certified the schedule and petitioner no. 1 put his signature as one of the witness on the fabricated memorandum of partition with connivance with accused Janardhan Singh.

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Learned Advocate for the petitioners contended that the petitioners have no concern with the family affairs of the complainant neither he is shareholder of the land nor exceuted the sale deed. In fact, being a Sarpanch, he has put his signature in the genealogical table, after verification of the same. If any wrong has happened, the complainant shall be at liberty to file cancellation for the same. It is further contended that the complainant and Janardhan Singh are co-sharer and they have already pursuing their remedy in Partition Suit No. 39 of 2022, which is pending before the Court of Sub-Judge-I, Gaya. The petitioners are having fair antecedent and they undertake that they will fully co-operate in the proceeding of the Court.

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On the other hand, learned counsel for the State and the informant opposed the pre-arrest bail application and submits that because of the conduct of the petitioners and preparation of forged and fabricated genealogical table, the coaccused persons became embolden and sold the share of the complainant’s land without partition and by this way caused serious prejudice to his right and entitlement.

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Patna High Court CR. MISC. No.26697 of 2025(2) dt.16-05-2025 3/3

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Regard being had to the submissions made on behalf of the parties and considering the role of the petitioner nos. 1 & 2 being Sarpanch of the village Panchayat and putting his signature on the memorandum, coupled with the fact that the case predominantly appears to be civil in nature and there is already a partition suit between the co-sharer, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-III, Gaya in connection with Complaint Case No. 1883 of 2023, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.

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(Harish Kumar, J)

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shivank/-

Mahendra Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahendra Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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