Awadh Kumar Jha @ Awadh Kishore Jha @ Awadh Kishor Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14633 of 2025 Arising Out of PS. Case No.-661 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Awadh Kumar Jha @ Awadh Kishore Jha @ Awadh Kishor Jha S/O Late Maha Prasad Jha Resident Of Village - Chilauna, Machiya Simanda, P.SMufasssil,Dist- Godda (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Kumar Pandey S/o Late Jagarnath Pandey R/o- Benipur Ps Manihari Dist Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Let the notice issued to O.P. No. 2 is deemed to be validly served.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Katihar Town (Sahayak) P.S. Case No. 661 of 2024, instituted for the offences punishable under Sections 316(2), 319(2), 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4. The prosecution case, in short, is that, the accused persons including the petitioner sold the land of the informant's maternal uncle on the basis of forged and fabricated sale deed.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.14633 of 2025(3) dt.06-05-2025 2/3 present case. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. No specific overt act is alleged against the petitioner. It is next submitted that no any cogent material has come up against the petitioner during investigation. The petitioner is only a witness to the sale deed and not the beneficiary of the sale deed. It is further submitted that no money has been transferred in the account of the petitioner. The petitioner is in custody since 12.09.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regualr bail by this Court vide order dated 10.04.2025 passed in Cr. Misc. No. 878 of 2025.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.14633 of 2025(3) dt.06-05-2025 3/3 below/concerned Court in connection with Katihar Town (Sahayak) P.S. Case No. 661 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T