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2026 DAILYLAW 12759 (PAT)

Mithilesh Rai v. The State of Bihar

CR. MISC./14571/2026 · 2026-03-25

Anil Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14571 of 2026 Arising Out of PS. Case No.-7550 Year-2024 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1. Mithilesh Rai Son of Anil Kumar R/o Village - Dudhaila Maner, P.S. - Maner, Dist. - Patna. 2. Vicky Kumar @ Vicky Rai Son of Late Raja Ram Singh R/o Village - Dudhaila Maner, P.S. - Maner, Dist. - Patna. ... ... Petitioner/s Versus 1. The State of Bihar 2. Rajeshwar Prasad Singh Son of Late Chandradip Singh R/o Text Book Colony, Indrapuri Road No. 2A/41, P.S. - Patliputra, Dist. - Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Piyush Tiwari For the Opposite Party/s : Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 25-03-2026 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 7550 of 2024, disclosing offences under Section 420 of the Indian Penal Code. 3. As per the complaint, 1 kattha 8 dhur land situated in plot no. 164, khata no. 119, was purchased by the complainant in the name of his wife in the year 1991 from the father of the petitioners. It has further been alleged that only 1 kattha 15 dhur land was available in the share of the petitioners' father, out of which 1 kattha 8 dhur was sold in favor of the Patna High Court CR. MISC. No.14571 of 2026(2) dt.25-03-2026 2/3 complainant's wife in 1991. Petitioner nos. 1 and 2 were having the knowledge about the same that the father of the petitioners was not having sufficient land and sold 400 square feet of land in favor of accused no. 3. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of a concocted and vague allegation made against them. The complainant in para 5 of the complaint petition does not say that 400 square feet of land which was allegedly sold by the petitioners in favor of accused no. 3 belonged to him. A piece of land was purchased by the complainant's wife in the year 1991 and after purchase, they are in possession of the same and rent receipt is being issued. However, the complainant has filed a title suit bearing Title Suit No. 299 of 2024. The civil dispute has been given the color of criminality by the complainant. 5. Learned counsel for the state opposes the prayer for bail and submits that the petitioners have sold extra land in favor of accused no. 3 without having sufficient land in their possession. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that title suit has already been filed by the Patna High Court CR. MISC. No.14571 of 2026(2) dt.25-03-2026 3/3 complainant, I am inclined to grant the petitioners privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIII, Patna, in connection with Complaint Case No. 7550 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. HarshPandey/- (Anil Kumar Sinha, J) U T