Hirdaya Sah @ Hridaya Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49194 of 2026 Arising Out of PS. Case No.-816 Year-2023 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Hirdaya Sah @ Hridaya Gupta, Male, aged about 41 years, Son of Late Ramayan Sah, Resident of Village- Bishanpurva, Vijay Pur, P.S.- Gaunaha, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Sah, Son of Rudal Sah, Resident of Village- Bishunpurva, P.S.- Gaunaha, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shweta, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Complaint Case No. 816 of 2023 instituted for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.

3. As per allegations made in the complaint, the petitioner intended to purchase the complainant's land, however, the complainant did not agree to sell the same. Thereafter, the petitioner, along with co-accused Rajeshwar Sah, allegedly procured an Aadhaar Card in the name of Bhabhuka Devi with an intention to falsely projecting her as a family member of the complainant. It is further alleged that on the basis of a forged

Patna High Court CR. MISC. No.49194 of 2026(2) dt.22-07-2026 2/3 and fabricated genealogical table, the land belonging to the complainant was fraudulently sold. Relying upon the aforesaid forged document, Bhabhuka Devi executed a sale deed in favour of the petitioner and other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of previous enmity and land dispute attributed between the parties. He submits that Bhabhuka Devi is a helpless lady and she has sold her share through registered sale deed to the petitioner's brother Rajeshwar Sah. He further submits that the complainant had earlier lodged a case against co-accused Rajeshwar Sah and Bhabhuka Devi. He next submits that the present complaint case has been instituted with an ulterior motive only to exert pressure to harass the petitioner. He lastly submits that petitioner is neither the buyer nor the seller. Petitioner is in custody since 10.03.2026.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the petitioner that similarly situated co-accused persons namely Rajeshwar Sah

Patna High Court CR. MISC. No.49194 of 2026(2) dt.22-07-2026 3/3 and Musmaat Bhabhuka Devi @ Girja Devi @ Bhabhuni Devi have already been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. Nos. 18977 of 2025 and 64655 of 2025 vide orders dated 11.02.2026 and 24.02.2026 respectively, so the prayer for regular bail of the petitioner is allowed.

7. Accordingly, the petitioner above named be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-V, West Champaran, Bettiah in connection with Complaint Case No. 816 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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