Patna High Court – Orders
Awadh Kishore Upadhaya @ Awadh Kishor … vs The State Of Bihar on 1 August, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39127 of 2023
Arising Out of PS. Case No.-255 Year-2022 Thana- PHULWARIYA District- Gopalganj
======================================================
1. NAND KISHORE CHOUDHARY S/o- LATE BINDYACHAL
CHOUDHARY Village - Madipur, P.S- Phulwariya Dist- Gopalganj
2. Blindra Singh son of Jagarnath Singh Village- Madipur Ps- Phulwariya Dist-
Gopalganj
3. Vijay Kumar Singh @ Vijay Kumar Rai son of Rameshwar Rai Village-
Madipur Ps- Phulwariya Dist- Gopalganj
4. Harikesh Singh son of Late Rajdeo Singh Village- Madipur Ps- Phulwariya
Dist- Gopalganj
5. Rinki Devi W/o- Dilip Singh Village- Madipur Ps- Phulwariya Dist-
Gopalganj
6. Mithila Tiwari son of Late Parshuram Tiwari Village- Madipur Ps-
Phulwariya Dist- Gopalganj
7. Rajan Choudhur son of Late Yamuna Choudhur Village- Madipur Ps-
Phulwariya Dist- Gopalganj
8. Abhinaw Kumar Singh son of Jagarnath Singh Village- Madipur Ps-
Phulwariya Dist- Gopalganj
9. Ram Milan Tiwari son of Late Parshuram Tiwari Village- Madipur Ps-
Phulwariya Dist- Gopalganj
10. Santosh Kumar son of Kamla Prasad Yadav Village and Ps- Phulwariya
Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 84938 of 2023
Arising Out of PS. Case No.-255 Year-2022 Thana- PHULWARIYA District- Gopalganj
======================================================
AWADH KISHORE UPADHAYA @ AWADH KISHOR UPADHYAY SON
OF LATE BAIJ NATH UPADHYAY @ LATE VAIDYANATH UPADHYAY
RESIDENT OF VILLAGE- DUHAUNA, PS- KATEYA, DIST-
GOPALGANJ
... ... Petitioner/s
Versus
1. The State of Bihar
2. BHUVNESHWAR TIWARI SON OF SRI VYAS TIWARI RESIDENT OF
Patna High Court CR. MISC. No.39127 of 2023(8) dt.01-08-2025
2/5
VILLAGE- MARIPUR, PS- PHULWARIA, DISTT- GOPALGANJ
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 39127 of 2023)
For the Petitioner/s : Mr.Dhramveer, Advocate.
For the Informant : Mr. Devanand Tiwari, Advocate.
For the State : Mr.Sanjay Kumar Singh, APP.
(In CRIMINAL MISCELLANEOUS No. 84938 of 2023)
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate.
For the Informant : Mr. Devanand Tiwari, Advocate.
For the State : Mr.Binod Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
8 01-08-2025
Both the bail applications arise out of same P.S. case
number, hence they are being taken up together and disposed of
by a common order.
2. Heard learned counsel appearing on behalf of the
petitioners, learned counsel for the informant and learned APP
for the State.
3. The petitioners seek pre-arrest bail in connection
with Phulwariya P.S. Case No. 255 of 2022 registered for the
offence punishable under Sections 420, 467, 468 and 471/34 of
the Indian Penal Code.
4. It appears that the informant is the own sister of the
mother of the executant and as per the governing Hindu Law
and Succession Law, both the sisters have equal right in the
Patna High Court CR. MISC. No.39127 of 2023(8) dt.01-08-2025
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property.
5. The matter was sent for mediation for the said
reason, but the mediation failed.
6. I find that both the parties are responsible and can
be said to have cheated each other and have committed fraud for
their own benefit.
7. Learned District Court is required to verify the
revenue records relating to the original land holder, whose name
has not been disclosed by either of the parties. The report of the
Circle Officer reveals that as per the Revisional Survey
Khatiyan, the said land belongs to one Rupan Tiwari, however,
the report is silent to give the details of the original Raiyat of the
land as per the Cadastral Survey, this creates doubt and the
nexus and complicity of the Circle Officer concerned in the
present case cannot be ruled out.
8. As a result of the conduct of the petitioners,
informant and the Circle Officer, this Court has no alternative
than to direct the Superintendent of Police, Gopalganj to
proceed at his own level in accordance with law.
9. Considering the facts of the present case, it appears
that it is a case of dishonest inducement of the petitioners with
the intention of deceiving the original owners of the land, the
Patna High Court CR. MISC. No.39127 of 2023(8) dt.01-08-2025
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learned District Court is required to examine that the right to
property of the original land holder should not be washed away
by the two persons who are claiming to be the owner of the land
on the basis of certain sale deeds which has been alleged to be a
forged one.
10. Title Suit no. 131 of 2025 is pending between the
parties. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned ACJM-XVI, Gopalganj in connection
with Phulwariya P.S. Case No. 255 of 2022, subject to the
condition as laid down under Section 438(2) of the Cr.P.C. /
Section 482 (2) of the B.N.S.S.
11. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases as what has been
stated in Para-3 of the bail petition, this order will automatically
lose its force.
12. The Enquiry report must be filed by the
Superintendent of Police, Gopalganj in Title Suit No. 131 of
Patna High Court CR. MISC. No.39127 of 2023(8) dt.01-08-2025
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2025 pending in the Court of Sub Judge, Hathua, Gopalganj and
also before the learned trial court in connection with Phulwariya
P.S. Case No. 255 of 2022 and Phulwariya P.S. Case No. 253 of
2022.
13. The bail applications stand disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T