IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69852 of 2025 Arising Out of PS. Case No.-2 Year-2024 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1. Rauf Gadi @ Rauf Gaddi S/O Sarfraj Raut @ Sarfraj Gaddi Resident of village- Bhogari, P.S.- Majauliya, District- West champaran 2. Lalmuni W/O Rauf Gaddi Resident of village- Bhogari, P.S.- Majauliya, District- West champaran 3. Md. Sahabuddin S/O Abdul Kutus Resident of village- Bhogari, P.S.- Majauliya, District- West champaran ... ... Petitioner/s Versus 1. The State of Bihar Patna 2. Raju Hawari S/O Mohan Hawari Resident of village- Harpur Tola Bhogadi, P.S.- Majauliya, District- West champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar For the Opposite Party/s : Mr.Chandra Sen Prasad Singh For the informant : Mr. Ram Adya Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 06-04-2026 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Complaint Case No. 02 of 2024 dated 02.01.2024 registered under Sections 420, 467, 468, 471, 384, 323 and 504 of the I.P.C. 3. As per complaint the land under Khata No. - 146, Plot No. - 1232 having Area -10 Dhoors is the the ancestral khatiyani land of one Bhulai Gaddi. The complainant claims to have purchased the land from Bhulai Gaddi through sale deed dated Patna High Court CR. MISC. No.69852 of 2025(4) dt.06-04-2026 2/4 11.07.2023. The petitioners after the sale deed of the complainant, hatched a conspiracy and made some change by cutting in R.S. Khatiyan and added a forged name and on that basis the petitioners made a forged genealogical table and the petitioner no -1 / Rauf Gaddi transferred the land showing himself to be the descendant of Khatiyani Raiyat in the name of his wife namely, Lalmuni (petitioner no.2) in which the petitioner no. -3 i.e. Md. Sahabuddin was an identifier. Further, the petitioner no. 1 transferred the land in the name of the local Mukhiya namely Asgar Ali in which the petitioner no. 1 -Rauf Gaddi has included the land of the complainant in the forged sale deed. When the complainant made inquiry regarding the said, then the petitioners threatened the complainant to kill and also assaulted him. 4. Learned counsel for the petitioners submits that petitioners are innocent and they have not committed any offence in the manner alleged. He submits that as a matter of fact the land bearing Khata No. - 146, Plot No.- 1232 was purchased by one Bhoj Raut through a registered sale deed dated 23.03.1944 from Devsaran Raut, Ganesh Raut and Jairam Raut. Accordingly, Bhoj Raut took possession over the land. Thereafter, Bhoj Raut had sold 2 Katha 3 Dhoor land of Khata No.- 146 and Plot No.- Patna High Court CR. MISC. No.69852 of 2025(4) dt.06-04-2026 3/4 1232 in favor of one Sarfraj Raut @ Sarfraj Gaddi vide registered sale deed dated 25.05.1974. After the death of Sarfraj Gaddi (father of the petitioner no.-1), the petitioner no. 1 has taken possession over the said land and the petitioner no.- 1 executed the sale deed in respect of Plot No.- 1232, Area- 2 Katha and 3 Dhoor, Plot No- 1559, Area -8 Katha 15 Dhoor & Plot No. 1713, Area 2 Katha 3 Dhoor dated 19.07.2023 in favour of his wife Lalmuni. Thereafter, the petitioner no. 2- Lalmuni, who is the purchaser of the said land, filed for mutation of the said land before the Circle Officer, Majhauliya but due to intervention and objection of the complainant the said land was not mutated and is kept pending. He next submits that petitioners have not committed any cheating, forgery and criminal conspiracy. There is no specific allegation against the petitioners. The petitioners are having clean antecedent. 2. Considering the fact that it is a land dispute between the parties, both parties are not in a position to produce revenue receipt as well as mutation order, both sides are claiming that the land in question belongs to them, accordingly, this issue cannot be decided in the present anticipatory bail application and prima facie it appears to the court that this is a civil dispute, as such, I am inclined to grant anticipatory bail to the Patna High Court CR. MISC. No.69852 of 2025(4) dt.06-04-2026 4/4 petitioners. MISC. No.69852 of 2025(4) dt.06-04-2026 4/4 petitioners. 6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, District - West Champaran in connection with Complaint Case No. 02 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. praful/- (Anil Kumar Sinha, J) U T