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2026 DAILYLAW 29601 (PAT)

Purshottam Kumar v. The State of Bihar

CR. MISC./53740/2026 · 2026-08-17

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53740 of 2026 Arising Out of PS. Case No.-208 Year-2026 Thana- BATHNAHA District- Sitamarhi ====================================================== 1. Purshottam Kumar S/O Lal Prasad R/O Village- Haribela, P.S.- Bathnaha, Distt.- Sitamarhi. 2. Jay Krishna Kumar S/O Lal Prasad R/O Village- Haribela, P.S.- Bathnaha, Distt.- Sitamarhi. 3. Dilip Sah S/O Ram Dev Sah R/O Village- Haribela, P.S.- Bathnaha, Distt.- Sitamarhi. 4. Lal Prasad S/O Late Gani Mahto R/O Village- Haribela, P.S.- Bathnaha, Distt.- Sitamarhi. 5. Sita Devi @ Sita Kumari W/O Purshottam Kumar R/O Village- Haribela, P.S.- Bathnaha, Distt.- Sitamarhi. 6. Ram Kumari Devi W/O Lal Prasad R/O Village- Haribela, P.S.- Bathnaha, Distt.- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 17-08-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 74, 303(2), 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the petitioners submits that petitioner nos. 1 and 2 have antecedent of one case and Patna High Court CR. MISC. No.53740 of 2026(2) dt.17-08-2026 2/4 petitioner nos. 3, 4, 5 and 6 are persons with clean antecedent and petitioner nos. 5 and 6 are women and the informant alleges that her late husband and Lal Prasad (petitioner no. 4) are own brothers, it is next alleged that after her husband death Lal Prasad along with petitioners created a forged gift deed dated 8.9.2025 in favour of Ram Kumari Devi, i.e, wife of Lal Prasad with regard to 42 decimal of land falling in her husband’s share and when informant came to know about the same on 1.5.2026, she demanded her share, when petitioners entered her house and on point of gun took away jewellery worth Rs. 10,50,000/- 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that dispute is purely civil to which a criminal colour has been given, on which the learned APP submits that from perusal of the allegation as alleged in the FIR, it would manifest that the FIR has been instituted by a widow, it is also submitted that it absolutely does not stand to reason that as to why the husband of the informant would have gifted his property in name of the wife of the petitioner no. 4 when he had his own wife and children, it is further submitted that investigation in the case is Patna High Court CR. MISC. No.53740 of 2026(2) dt.17-08-2026 3/4 continuing. 5. At this stage, the learned counsel appearing on behalf of the petitioners submits that petitioner nos. 1 and 2 are sons of Lal Prasad, petitioner no. 3 is a co-villager, while petitioner no. 5 is daughter-in-law of Lal Prasad and Ram Kumari Devi is wife of Lal Prasad and they have been implicated in the instant case only to coerce Lal Prasad into submission, it is next submitted that husband of the informant was in need of money and petitioner no. 4 had retired and thus had got his retiral benefits hence he gave money to the husband of the informant and the husband of the informant executed the gift deed in name of the wife of the petitioner no. 4, it is also submitted that this fact is in knowledge of the informant. It is further submitted that if the gift deed is a forged and fabricated document in that event the informant has remedy of approaching the court of competent civil jurisdiction for getting the gift deed cancelled but then a criminal case has been instituted only with an intent to coerce petitioner no. 4 and his family members including the co-villager into submission. 6. After hearing the learned counsel for the parties, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released Patna High Court CR. MISC. No.53740 of 2026(2) dt.17-08-2026 4/4 on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bathnaha P.S. Case No. 208 of 2026, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the instant anticipatory bail application is allowed. Sumit/- (Satyavrat Verma, J) U T