Hari Kant Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49408 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- NAWADA District- Nawada ====================================================== Hari Kant Sharma S/O Late Shivdani Prasad Singh R/O Vill.- Dumrawan, P.S.- Pakaribarawan, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Pandey- Advocate Mr. Arun Kumar Pandey- Advocate For the Opposite Party/s :
Mr. Shantanu Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025
1. Heard learned counsel for the petitioner Mr. Arun Kumar Pandey and learned APP for the State Mr. Shantanu Kumar.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 316(2) and 61(2) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is aged about 81 years and is a person with clean antecedent and at the fag end of his life, he came to be implicated in the instant case with an allegation that the informant purchased 25 decimals of land from the petitioner in the name of his wife, as petitioner made him believe that he had
Patna High Court CR. MISC. No.49408 of 2025(2) dt.11-08-2025 2/3 purchased the land by a sale deed, but later the informant came to know that the land belonged to Dwarika Mishra, who had sold the land to Sibia Devi vide sale deed dated 15.07.1975, on which petitioner was a witness, thereafter Sibia Devi sold the land to one Rajendra in 1980, who in turn sold the land to Manju Devi in 1990, thus alleges that the petitioner cheated him by executing sale deed dated 14.10.2022 with regard to the land for an amount of Rs.15 Lacs
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is reiterated and submitted that petitioner is aged about 81 years and by profession was a lawyer in Civil Court, Nawada. It is next submitted that his entire career has remained blemishless and all of a sudden, he has been made a criminal, when the instant case came to be instituted. It is further submitted that petitioner as a lawyer never signed any document in Hindi, but the sale deed of the Year 1975 carries his signature in Hindi which the petitioner vehemently denies. It is further submitted that even petitioner had purchased the land in dispute from one Akshhaywat Mishra as would manifest from the sale deed executed by Akshhaywat Mishra in favour of the petitioner dated 15.06.2019 at Page-25 of the anticipatory bail application.
Patna High Court CR. MISC. No.49408 of 2025(2) dt.11-08-2025 3/3 It is next submitted that the said sale deed is made part of the FIR. The learned counsel appearing on behalf of the petitioner thus submits that why the petitioner at the fag end of his life would indulge in an activity bringing disrepute to his name when his entire career has remained blemishless.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Nawada P. S. Case No.12 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T