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2025 DAILYLAW 82509 (PAT)

Idrish Baitha v. The State of Bihar

CR. MISC./83839/2024 · 2025-02-05

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83839 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== Idrish Baitha, Son of Late Jhapsi Baitha, Resident of Village - Bijalpura , P.S. - Bardibas-cum-Baadrivas, District - Mahotri (Nepal) permanently residing at Village - Mashan, P.S. - Parihar, District - Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Devendra Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 05-02-2025 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State. 2. The petitioner has prayed for bail in connection with Parihar P.S. Case No. 50 of 2023 registered for the offence punishable under Sections 406, 420/34 of the Indian Penal Code. 3. The case of the prosecution is that the petitioner who is brother of the informant has wrongfully got a saledeed executed in his favour from his father whereas he is having Nepali citizenship. It is further alleged that he has also obtained Aadhar Card of India and has also got his name entered in the electoral roll. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has Patna High Court CR. MISC. No.83839 of 2024(3) dt.05-02-2025 2/2 committed no offence. He has been falsely implicated in this case. Admittedly, petitioner and informant are step brothers and the dispute is that of execution of saledeed in favour of the petitioner by the father. This seems to be a out and out case of civil nature. It has also been submitted by the learned counsel of the petitioner that civil case has also been filed by the informant agaisnt the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 25.08.2024. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi in connection with Parihar P.S. Case No. 50 of2023. lata/- (Ashok Kumar Pandey, J) U T