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2025 Supreme(Online)(Pat) 4690

PATNA HIGH COURT
S. B. Pd. Singh, J
Naresh Yadav – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.86212 of 2025 | PS. Case No.-297 Year-2016



Advocates:
For the Appellants/Petitioners: Mr.Dhananjay Kumar Pandey
For the Respondents: Mr.Surendra Kumar

The court affirmed principles concerning anticipatory bail in forgery allegations, deeming the dispute civil in nature.

Headnote:The court addressed the application for anticipatory bail filed by the petitioners in relation to allegations of forgery under the Indian Penal Code. The petitioners claimed to possess ancestral land peacefully since 1965, countering claims of the complainant. The court found the allegations civil in nature and granted bail, requiring petitioners to surrender.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 18-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Banka P.S. Case no. 297 of 2016 instituted for the offence under Sections 420 , 467, 468, 478, 120(B)/34 of the Indian Penal Code .

3. As per allegation in the FIR, by creating a forged deed, petitioners want to grab the land of the complainant. For this dispute, Panchayati was called for to which accused persons was not ready to follow.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The land in question is ancestral property acquired by the petitioners father in the year 1965 and since then petitioners have peaceful possession over it and cultivating the said land without interruption of anyone. Complainant has developed greedy eyes over the said land and attempted to take control. For the same, complainant has filed Title Suit no. 18 of 2007 against the petitioners for cancellation of sale deed prior to the present case. The present dispute is of purely civil in nature.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Banka P.S. Case no. 297 of 2016, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J)

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