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2025 DAILYLAW 61379 (PAT)

Keshav Kumar Jha v. The State of Bihar

CR. MISC./50993/2025 · 2025-09-22

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50993 of 2025 Arising Out of PS. Case No.-371 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1. Keshav Kumar Jha Son of Mithlesh Jha village- Sugaw, Ps- Sugauli, Dist- East champaran 2. Uday Kishore Jha son of Amar Lal Jha @ Amreet Lal Jha village- Sugaw, Ps- Sugauli, Dist- East champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abneesh Kumar, Adv For the Opposite Party/s : Mr. Surendra Prasad Singh, APP For the Informant : Mr. Shiv ji Mishra, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 22-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners seeks bail in connection with Sugauli P.S. Case No. 371 of 2024 registered for the offences under Sections 420, 467, 468, 471 and 506/34 of the IPC. 3. The petitioners are named in the F.I.R. and are in custody since 02.04.2025. 4. The allegation against the petitioners is witness/ identifier to the sale deed qua disputed land bearing khata no. 143, khesra no. 1400 measuring 3 kathas, 10 dhur land located in the district of East Champaran, Bihar. 5. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.50993 of 2025(2) dt.22-09-2025 2/3 petitioners submitted that as per FIR maximum allegation which can be gathered against petitioners to identify the signature of executor of sign sale-deed, which was executed by co-accused Ajay Kr. Jha, where informant is the purchaser. It is submitted that allegation is purely of civil dispute for which lodging present criminal prosecution is completely unwarranted and un-occasioned. While concluding the argument it is submitted that, petitioner no. 1 is a man of clean antecedent and petitioner no. 2 found involved in one more case, where he is on bail and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. 6. Learned APP duly assisted by learned counsel appearing on behalf of the informant, while opposing the prayer for bail submitted that petitioners are habitual offender. In support of his submission it is pointed out that prior to this occurrence petitioners witnessed sale-deed which was executed by father of co-accused namely Ajay Kumar Jha. Knowing the fact that the father of co-accused already sold the property in issue as they were witness thereof, petitioners witnessed sale-deed again which was executed by his son. 7. Let it be so, as petitioners arrayed as an accused with limited allegation that they are witness & identifier of the sale- Patna High Court CR. MISC. No.50993 of 2025(2) dt.22-09-2025 3/3 deed, where the dispute prima-facie appears civil in nature, coupled with the fact as petitioners remains in custody since 02.04.2025, accordingly above named petitioners, are directed to be released on bail in connection with Sugauli P.S. Case No. 371 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Motihari, East Champaran/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. S.Tripathi/- (Chandra Shekhar Jha, J.) U T