CR. MISC./57803/2026 of Rajeshwar Prasad @ Rajesh Rai Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bihta P.S. Case No.1016 of 2023, dated 18.10.2023, registered for the offence punishable under Sections 467, 468, 471, 420 and 120(b) of the Indian Penal Code.

3. As per the FIR, the petitioner along with other co-accused persons committed fraud and forgery by making false signatures in Mutation Case No. 1057/16-17 and got the disputed land mutated in favour of the petitioner. When the informant objected to the alleged fraudulent acts, the petitioner and others assaulted and threatened him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this Patna High Court CR. MISC. No.57803 of 2026(2) dt.19-08-2026

case. It is further submitted that, on the basis of mutual partition arrived at between the family of the informant and the family of the petitioner, mutation proceedings were initiated in the year 2016 and, vide Mutation Case No. 1057/16-17, the disputed land was mutated in favour of the petitioner. It is submitted that rent receipts have been duly issued and, since the date of mutation, regular rent is being paid. It is next submitted that, instead of taking recourse to the procedure prescribed under the Bihar Mutation Act, 2011, for cancellation of the Jamabandi, the informant, for ulterior reasons, has chosen to institute the instant criminal case, whereas the dispute is essentially of a civil/revenue nature and the statute provides an appropriate remedy for the same. Lastly, it is submitted that the petitioner has two criminal antecedents, in both of which he is on bail.

5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, particularly the nature of the dispute relating to mutation of the disputed land and the FIR being civil in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.57803 of 2026(2) dt.19-08-2026

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna/Successor Court in connection with Bihta P.S. Case No.1016 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

shikha/- (Ajit Kumar, J) U T