Uma Shankar Ojha @ Umashankar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6093 of 2025 Arising Out of PS. Case No.-216 Year-2023 Thana- ITARHI District- Buxar ====================================================== 1.

Uma Shankar Ojha @ Umashankar Ojha S/O Late Nand Bihari Ojha Resident of village- Gangapur, Police Station- Sikrol, District- Buxar 2.

Priyanshu Ojha S/O Uma Shankar Ojha @ Umashankar Ojha Resident of village- Gangapur, Police Station- Sikrol, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Advocate Mr. Kritya Nand Jha, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Itarhi P.S. Case no. 216 of 2023, registered under sections 420, 406, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the two petitioners herein offered to sell a piece of land described in the F.I.R. against which the informant gave a sum of Rs. 6 lacs by way of advance. It is further stated that the informant subsequently learnt that there was dispute with respect to the land and thus he demanded his money back which the accused petitioners were not ready to return. As such the

Patna High Court CR. MISC. No.6093 of 2025(2) dt.24-02-2025 2/3 F.I.R.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. On perusal of the contents of the F.I.R. it would clearly be evident that the matter is one of purely civil dispute between the parties. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the dispute being primarily civil in nature and the petitioners not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Itarhi P.S. Case no. 216 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.

7. It is made clear that none of the observations made herein above, which was only for the purpose of this bail

Patna High Court CR. MISC. No.6093 of 2025(2) dt.24-02-2025 3/3 application, shall be used by either of the parties in any other proceedings.

(Partha Sarthy, J) avinash/- U T