Jairam Sharma @ Jairam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48790 of 2025 Arising Out of PS. Case No.-385 Year-2024 Thana- Arwal District- Arwal ====================================================== Jairam Sharma @ Jairam Singh Son of Bharat Singh Resident of Village - Men, P.S.- Men (Belaganj), District - Gaya.
... ... Petitioner
Versus
1.
The State of Bihar 2.
Bhola Kumar Son of Kedar Shah Resident of Village - Baidrabad, P.S.- Arwal, District - Arwal ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Shivendra Prasad, Advocate For the Respondent :
Mr. Upendra Kumar, APP Mr. Kumar Veerendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Arwal P.S. Case No.385 of 2024, dated 05.10.2024 registered for the offences punishable under Sections 316(2) and Section 318(2) of the B.N.S., 2023.
3. As per allegation, there was agreement for sale between the co-accused, Alok Kumar and the informant/Bhola Kumar, as per which Vikas Kumar was to sell his land of seven katha for an amount of rupees one crore and seventy five lakhs and out of which rupees sixty six lakhs was paid by the informant to Vikas Kumar. However, the identification of the
Patna High Court CR. MISC. No.48790 of 2025(2) dt.30-07-2025 2/3 land was wrong and the land in question had no raasta (road). Hence, the informant demanded the money back from Vikas Kumar, but he returned only rupees twenty lakhs and the rest amount is still due.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the main accused, Vikash Kumar has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 11.06.2025 passed in Criminal Miscellaneous No.15211 of 2025 and the case of the Petitioner is on better footing. He is no way involved in this case. He has not received a single penny from the informant.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the fact that the main accused, Vikash Kumar has already been enlarged on bail, this petition is allowed, directing the petitioner, above-named, to be enlarged
Patna High Court CR. MISC. No.48790 of 2025(2) dt.30-07-2025 3/3 on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Arwal P.S. Case No.385 of 2024, subject to the conditions as laid down under Section 482
(2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T