Patna High Court
Praveen Kumar Gupta vs The State Of Bihar on 6 April, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66127 of 2023
Arising Out of PS. Case No.-528 Year-2019 Thana- ARA NAWADA District- Bhojpur
======================================================
SANJAY KUMAR GUPTA S/O LATE SUKAN SAH R/O MOHALLA-
SOUTH RAMNA ROAD, KRISHNA OPTICAL SHOP, PS. ARA NAWADA,
DIST. BHOJPUR, ARA
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. AJAY KUMAR SAH S/O LATE SUKAN SAH RESIDENT OF 49/5/H/51,
KARL MARX SARANI, PS. SOUTH PORT, KHIDDERPORE,
KOLKATA- 700023 (WEST BENGAL)
3. BINAY KUMAR GUPTA @ BIJAY KUMAR GUPTA S/O LATE SUKAN
SAH RESIDENT OF 49/5/H/51, KARL MARX SARANI, PS. SOUTH
PORT, KHIDDERPORE, KOLKATA- 700023 (WEST BENGAL)
4. PRAVEEN KUMAR GUPTA S/O LATE RAMJI PRASAD SHAH
RESIDENT OF 49/5/H/51, KARL MARX SARANI, PS. SOUTH PORT,
KHIDDERPORE, KOLKATA- 700023 (WEST BENGAL)
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74606 of 2023
Arising Out of PS. Case No.-528 Year-2019 Thana- ARA NAWADA District- Bhojpur
======================================================
1. PRAVEEN KUMAR GUPTA SON OF LATE RAMJI PRASAD SHAW @
RAMJI PRASAD SAH RESIDENT OF 49/5/H/51, KARL MARX
SARANI, P.S. - SOUTH PORT, KIDDARPORE, KOLKATA, DISTRICT -
KOLKATA (WEST BENGAL)
2. PRADEEP KUMAR GUPTA SON OF LATE RAMJI PRASAD SHAW @
RAMJI PRASAD SAH RESIDENT OF 49/5/H/51, KARL MARX
SARANI, P.S. - SOUTH PORT, KIDDARPORE, KOLKATA, DISTRICT -
KOLKATA (WEST BENGAL)
3. SUNIL GUPTA SON OF LATE RAMJI PRASAD SHAW @ RAMJI
PRASAD SAH RESIDENT OF 49/5/H/51, KARL MARX SARANI, P.S. -
SOUTH PORT, KIDDARPORE, KOLKATA, DISTRICT - KOLKATA
(WEST BENGAL)
4. BHARAT PRASAD SHAW SON OF LATE SUKAN SHAW @ SUKAN
SAH RESIDENT OF 49/5/H/51, KARL MARX SARANI, P.S. - SOUTH
PORT, KIDDARPORE, KOLKATA, DISTRICT - KOLKATA (WEST
BENGAL)
5. AJAY KUMAR SHAW SON OF LATE SUKAN SHAW @ SUKAN SAH
RESIDENT OF 49/5/H/51, KARL MARX SARANI, P.S. - SOUTH PORT,
KIDDARPORE, KOLKATA, DISTRICT - KOLKATA (WEST BENGAL)
6. BINAY KUMAR GUPTA SON OF LATE SUKAN SHAW @ SUKAN
SAH RESIDENT OF 49/5/H/51, KARL MARX SARANI, P.S. - SOUTH
PORT, KIDDARPORE, KOLKATA, DISTRICT - KOLKATA (WEST
BENGAL)
7. SUSHIL KUMAR GUPTA SON OF LATE SUKAN SHAW @ SUKAN
SAH RESIDENT OF 49/5/H/51, KARL MARX SARANI, P.S. - SOUTH
Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026
2/11
PORT, KIDDARPORE, KOLKATA, DISTRICT - KOLKATA (WEST
BENGAL)
8. KIRAN BHAKAT WIFE OF DEEPAK KUMAR BHAKAT RESIDENT OF
M.N.K. ROAD, P.S. - RAMPUR HAT, DISTRICT - BIRBHUM, WEST
BENGAL
9. DAMYANTI DEVI WIFE OF DHEERAJ KUMAR SHAW RESIDENT OF
20, ASHOK MITRA ROAD, P.S. - BIJPUR, KANCHARAPARA,
DISTRICT - NORTH 24 PARGANAS, WEST BENGAL
10. DHEERAJ KUMAR SHAW SON OF BIMLESHWAR KUMAR SHAW
RESIDENT OF 20, ASHOK MITRA ROAD, P.S. - BIJPUR,
KANCHARAPARA, DISTRICT - NORTH 24 PARGANAS, WEST
BENGAL
11. SHASHI KUMAR SHAH SON OF RAJENDER SAH RESIDENT OF
NEAR PNB BUILDING, POANA BAZAR, P.S. - CITY POLICE, IMPHAL
WEST, IMPHAL, MANIPUR
12. RAJENDER SAH SON OF LATE BISHESHWAR SAH RESIDENT OF
NEAR PNB BUILDING, POANA BAZAR, P.S. - CITY POLICE, IMPHAL
WEST, IMPHAL, MANIPUR
13. SUMITRA DEVI WIFE OF RAJENDER SAH RESIDENT OF NEAR PNB
BUILDING, POANA BAZAR, P.S. - CITY POLICE, IMPHAL WEST,
IMPHAL, MANIPUR
14. DEBESH PRASAD SON OF LATE ARJUN PRASAD RESIDENT OF
B.L.7, H/NO.9, KANKINARA, BHATPARA (M), P.S. - JAGDAL,
DISTRICT - NORTH 24 PARAGANAS, WEST BENGAL
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR BIHAR
2. SANJAY KUMAR GUPTA SON OF LATE SUKAN SAH RESIDENT OF
SOUTH RAMNA ROAD, KRISHNA CHASMA SHOP, P.S. - ARA
NAWADA, DISTRICT - BHOJPUR, ARA
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 66127 of 2023)
For the Petitioner/s : Mr.Ashar Mustafa
Mr.Devendra Kumar
For the Opposite Party No. 2 to 4 : Mr.Prashant Sinha
Mr.Aniket Rai
Mr.Shirish Anurag
Mr.Amar Kr. Singh
For the Informat : Mr.Prashant Sinha
For the State : Mr.Pranav Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 74606 of 2023)
For the Petitioner/s : Mr.Prashant Sinha
Mr.Shrish Anurag
Mr.Aniket Rai
For the Opposite Party No.2 : Mr.Ashar Mustafa
For the State : Mr.Pranav Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE ANSUL
Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026
3/11
ORAL JUDGMENT
Date : 06-04-2026
Re:Criminal Miscellaneous No. 66127 of 2023
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Petitioners seek quashing of the order dated
19.07.2023passed by learned Chief Judicial Magistrate, Ara, Bhojpur, whereby and where under the learned Court has allowed Provisional bail of the Opp. Party Nos. 2 to 4 without perusing the order dated 10.05.2023 passed by Chief Judicial Magistrate, Alipore Kolkatta in which learned Court had granted Interim transit bail imposing conditions that both of them would surrender positively before learned C.J.M. Court Ara, Bhojpur by 30.05.2023.
3. The prosecution case is that the informant Sanjay Kumar Gupta filed Complaint Case No. 646 of 2019 before the Chief Judicial Magistrate, Ara which led to registration of Nawada P.S. Case No. 528 of 2019. It is alleged that the accused persons, in furtherance of a criminal conspiracy, fraudulently grabbed the informant's properties situated in Kolkata and Ara. They allegedly did so by preparing forged documents including a compromise petition dated 12.03.2018 bearing forged signatures of the informant and a fabricated sale deed filed before the Court of the 2nd Civil Judge, Senior Division, Alipore.
Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 4/11
4. Learned counsel for the petitioners submitted that on 10.05.2023, both of them were produced before learned C.J.M, Alipore in local jurisdiction by Ara Nawada police. Subsequently they were taken in custody and on 10.05.2023 both the accused filed regular bail petition praying to be released on any terms and conditions before learned C.J.M, Alipore. On the other hand, Ara Nawada police also filed petition on the same time before learned C.J.M, Alipore seeking three days transit remand for both the accused. But the learned court upon hearing the matter dismissed the same and granted transit bail to both the accused imposing condition that both would surrender before Learned C.J.M, Ara, by 30.05.2023 and report compliance thereof till 09.06.2023. However, both the accused have failed to comply with the order dated 10.05.2023 passed by learned C.J.M, Alipore in as much as they neither surrendered before the learned C.J.M, Ara, nor complied with the conditions imposed by the court concerned. Consequently, they have committed serious offence attracting cognizable provisions of the I.P.C.
5. It is further submitted that, after expiry of 25 days liberty granted by learned ADJ- 1, a modification petition for extension of one week more time was filed by the three accused/petitioners on 17.07.2023. The learned court granted one week time on 18. 07. 2023 in order to facilitate the accused. It is Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 5/11 the order under which they surrendered before the concerned court subsequently they were granted bail on 19.07.2023.
6. Learned counsel for the petitioners submits that by filing their anticipatory bail petition bearing no. A.B.P. No.1402 before learned District & Session Court both the accused (Kolkata based business men) namely Ajay Kumar Sah and Binay Kumar Gupta @ Vijay Kumar Gupta did not disclose in their petition that they had been arrested earlier in Kolkata by Bihar police on 09.05.2023. On the strength of non- bailable warrant issued by learned C.J.M, Ara, they were produced by Bihar police consequently based on their regular bail petition, seeking bail to be released on any terms and conditions. On the other hand, Bihar police filed a petition praying for three days transit remand at the same time but the court denied the pray of Bihar police and granted transit bail to both the accused on 10.05.2023 imposing condition that they would surrender before Ld. CJM court Ara, Bihar by 30/05/2023 and report compliance thereof till 09/06/2023, another co-accused/petitioner namely Praveen Kumar Gupta also indulged in the instant case of cheating and conspiracy with the learned concerned court. All the three above mentioned accused/petitioners filed their regular bail petition after surrendering before learned C.J.M, Ara on 19.07. 2023, in the light of order dated 18.07.2023 passed by the learned ADJ-1. However, Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 6/11 they did not inform/apprise the court that they had been arrested by Bihar police on the strength of non- bailable warrant. As such, the act of cheating and forgery committed by all the three accused persons attracts grievous offences of Indian Panel Code for which an FIR is required to be registered against them in the interest of justice immediately.
7. That learned C.J.M, Alipore, Kolkata had sent all documents forming part of record to learned C.J.M, Ara before final hearing of bail petition including regular bail petition and memo of arrest of both the accused persons and order dated 10.05.2023 along with several other relevant documents.
8. Learned counsel for the informant and learned Additional Public Prosecutor for the State has vehemently opposed quashing of the order dated 19.07.2023.
9. There are two issues, which have drawn the attention of this Court. The first issue is that for the same relief Complaint Case No. 646 of 2019 has been filed before learned C.J.M, Ara (Bhojpur) and Alipor P.S. Case No. 42 of 2022. The allegations in both the cases are identical, i.e., forgery in the records by which order in title suit was obtained on the basis of compromise decree, and thereafter, selling of the entire property.
10. Moreover, the dispute has a predominately civil flavour and the test in the understanding of the court is as to Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 7/11 whether the petitioner would get the desired relief, if he succeeds in the criminal case. Here, the answers seems to be a big no. The petitioners have alleged that fraudulent acts were committed and forged documents were created in the process of obtaining a compromise decree in a title suit pending at Kolkata. Even if the accused persons are convicted, the petitioner would not recover possession of the property back rather he would be required to pursue appropriate civil remedy and contest the miscellaneous proceedings and bring it to a logical complaint. Thus, the case turns out to be predominately civil in nature.
11. Counsel for the petitioners in Criminal Miscellaneous No. 66127 of 2023 and the Opposite Party No. 2 in Criminal Miscellaneous No. 74606 of 2023, Mr. Ashar Mustafa has vehemently opposed the prayer for quashing, he has clearly illustrated that forged acts were committed and the property is also situated at Ara (Bhojpur) and thus the Court's in Bihar would definitely have jurisdiction in this matter. This Court is not in disagreement with Mr. Ashar Mustafa, who has also stated that his entire property will be sold off and if any case has to go, the second case at Kolkata should go because it is a subsequent F.I.R. The Court will not allow the party to take advantage of its own mistakes, they have taken the deliberate choice of filing a Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 8/11 complaint at Ara and lodging another case at Kolkata, they will have to face the consequences of the same.
12. Moreover, they are not being denied any substantive remedy, the miscellaneous case that they have filed against the compromise decree and the order passed in the tile suit is pending and is being prosecuted. The criminal case that they have filed is also being prosecuted.
13. In such view of the matter, this court is not inclined to interfere with the order dated 19.07.2023.
14. Accordingly, the present petition stands dismissed.
Re:Criminal Miscellaneous No. 74606 of 2023
15. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
16. Petitioners seek quashing of Ara Nawada P.S. Case No. 528 of 2019 dated 15.07.2019 registered for the offences under Section(s) 463, 465, 34, 120B, 466, 468, 469, 471, 420 and 474 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Ara.
17. The prosecution case is that a complaint was filed by Sanjay Kumar Gupta leading to Ara Nawada P.S. Case No. 528 of 2019 under Section 156(3) Cr.P.C. It is alleged that his relatives proposed an amicable settlement of property disputes in Ara and Kolkata and assured him that compromise documents would be Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 9/11 shown before filing in court. On trusting them, the complainant agreed. However, the accused persons allegedly kept him in the dark and fraudulently filed a compromise petition in Title Suit No. 177 of 2014 at Kolkata and obtained a partition decree on 12.03.2018 using forged signatures. It is also alleged that they used forged signatures in another related case.
18. Learned counsel for the petitioners submits that from the perusal of F.I.R it is apparent that the entire dispute arises out of a civil suit which was compromised between the parties vide decree dated 12.03.2018 passed in Title Suit No. 177 of 2014 by the Court of learned Civil Judge (Senior Division), 2nd Court, Alipore, South 24 Pargnas, West Bengal. It is further submitted that the complainant has filed a miscellaneous case in the Court of learned Civil Judge (Senior Division), 2nd Alipore, bearing Misc. Case No. 103 of 2021 in which he has prayed for setting aside the compromise decree dated 12.03.2018. Even after lodging of the present FIR, the complainant lodged another FIR bearing Alipore P.S. Case No. 42 of 2022 against the petitioners and others, levelling the same allegation as mentioned in the present case. However, the complainant suppressed about lodging of Ara Nawada P.S. Case No. 528 of 2019 for the same cause of action. The Police upon investigation has submitted charge sheet under section 341, 506 & 34 of the IPC. The Police has found no Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 10/11 evidence against Sushil Kumar Gupta, son of late Sukan Shaw and has requested for his discharge.
19. It is further submitted that after the compromise decree Opposite Party No. 2 filed a complaint case in the Court of learned C.J.M, Ara, Bhojpur bearing Complaint Case No. 646 of 2019, which was sent for registration of the FIR u/s 156 (3) of the Cr. P.C. and thereupon, the Ara Nawada P.S. Case No. 528 of 2019 was instituted. Subsequently, the Opposite Party No. 2 has also filed a protest petition in the instant case on 22-10-2019. The entire dispute arises out of a civil suit, which was filed by the Opposite Party No .2 along with his brothers. Later on it was disposed of on the basis of a compromise. Opposite Party No. 2 has already filed a Misc. Case before the concerned Court for setting aside the compromise decree which is pending consideration before the concerned Court.
20. Learned counsel for the petitioners further stated that for the same cause of action and with the same allegation, the Opposite Party No. 2 has lodged Alipore P.S. Case No. 42 of 2022 in which the Police after investigation has submitted charge sheet under Sections 341,506 and 34 of the Indian Penal Code. Thus, the petitioners are being prosecuted at two places for same cause of action.
Patna High Court CR. MISC. No.66127 of 2023 dt.06-04-2026 11/11
21. Learned counsel for the informant and learned Additional Public Prosecutor for the State has vehemently opposed quashing of Ara Nawada P.S. Case No. 528 of 2019 dated 15.07.2019.
22. In such view of the matter, continuation of this criminal proceedings at Bihar is abuse of the process of the Court. This Court exercising its inherent power conferred under Section 482 Cr.P.C. corresponding to Section 528 of BNSS to do complete justice, the FIR of Ara Nawada P.S. Case No. 528 of 2019 dated 15.07.2019 pending before the learned Chief Judicial Magistrate, Ara is quashed.
23. Accordingly, the present petition stands allowed.
(Ansul, J) abhishekkr/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 28.04.2026 Transmission Date