Shyamanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29881 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== 1.

SHYAMANAND JHA S/o Late Kameshwar Jha R/o village and P.S.- Madhepur, District- Madhubani 2.

Saroj Jha @ Saroj Kumar Jha S/o Late Ratan Jha R/o village and P.S.- Madhepur, District- Madhubani 3.

Abdhesh Jha @ Abdhesh Kumar Jha S/o Late Ratan Jha R/o village and P.S.- Madhepur, District- Madhubani 4.

Sanjiv Kumar Jha S/o Parmanand Jha R/o village and P.S.- Madhepur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard the parties.

2. Despite valid service of notice, nobody appeared on behalf of the informant.

3. Vide order dated 11.08.2022, the bail application of the petitioner no.1, namely, Shyamanand Jha was dismissed as withdrawn.

4. Now, this application is being heard with regard to the petitioner nos.2, 3 and 4 only.

5. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420, 467,

Patna High Court CR. MISC. No.29881 of 2022(7) dt.06-11-2023 2/3 468, 471, 120(B) and 506 of the Indian Penal Code.

6. Allegedly, the informant and his brother sold a piece of their land to Krishnachandra Jha and Archna Jha and handed over the possession to them. After execution of the sale deed, the petitioners and others made a forge mahadnama and registered that in the Registry Office, Madhubani.

7. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners and the informant's side are agnates and there is a an admitted land dispute between them. Petitioners have no criminal antecedent.

8. Learned APP for the State opposed the prayer for anticipatory bail.

9. Having regard to the facts and circumstances of the case as this is a matter of civil dispute, let the above named petitioner no.2, 3 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.29881 of 2022(7) dt.06-11-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madhepur P.S. Case No.69 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T