IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41668 of 2025 Arising Out of PS. Case No.-248 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Tokhan sah son of Late Ram Laxman Sah village- Shambhu Chak, Ps- Kalyanpur, Dist- East champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Gita Devi Vijay Tiwari R/o- Village- Shambhu Chak, P.S.- Kalyanpur, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Nandan For the Opposite Party/s : Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 21-01-2026 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Kesariya Police Station Case No. 248 of 2023, disclosing offences under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code. 3. As per the prosecution case lodged by informant Geeta Devi stating therein that Ram Janam Tiwari had sold his land on 26.02.2013 bearing Khata no. 237, Khesra No. 843, having an area 1 Katha 9 dhur to the informant out of his 04 Katha and 09 dhur land and the remaining 3 Katha land was Patna High Court CR. MISC. No.41668 of 2025(5) dt.21-01-2026 2/4 sold by Vijay Tiwari i.e., husband of the informant on 09.04.2013 in the name of Nutan Devi who is daughter-in-law of informant. On 17.04.2023, co-accused Most. Krishna Devi had sold the land of informant and her daughter-in-law fraudulently by creating forged document in favour of Tokhan Sah which was identified by accused Suresh Tiwari and witnessed by accused Sachin Tiwari. It is also alleged that on 30.08.2022 also, co-accused Most. Krishna Devi had executed a registered sale deed by changing her name as Shanti Devi, W/o- Murari Tiwary in lieu of Most. Krishna Devi, W/o- Late Maninath Tiwary. 4. Learned counsel for the petitioner submits that from perusal of the FIR, it would be evident that Krishna Devi, the vendor of the land, was the rightful owner, being the family members and relative of the informant. He further submits that during course of investigation, the supervising authority has given a supervision note stating that vendor of the land was one of the co-sharers, but out of 4 kattha 9 dhur of land, brother of the informant sold 1 kattha and 9 dhur in favour of the informant and 3 kattha was sold in favour of daughter-in-law of the informant. It has been submitted that a title suit has been filed by the informant in which petitioner is defendant having Patna High Court CR. MISC. No.41668 of 2025(5) dt.21-01-2026 3/4 Title Suit No. 323 of 2025. The allegation made in the FIR and the investigation report shows that there was inter-se dispute of share and title between the parties. 5. On the other hand, learned counsel for the informant opposes the prayer for anticipatory bail and submits that the vendor Krishna Devi and the petitioner Tokhan Sah connived with each other and created a forged sale deed of the land upon which the informant is having a rightful possession, title and interest. The co-accused Krishna Devi, in the past also had sold the land in favour of the petitioner. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the supervision report and the fact that the vendor is claiming title on the basis of her being the family members of the informant and the petitioner is a bona fide purchaser, I am inclined to grant the petitioner privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioner, above named, in the event of his 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 Chief Judicial Magistrate, Patna High Court CR. MISC. No.41668 of 2025(5) dt.21-01-2026 4/4 East Champaran, Motihari, in connection with Kesariya Police Station Case No. 248 of 2023, 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