Jibachh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54148 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== JIBACHH JHA SON OF VIJAY KUMAR JHA RESIDENT OF VILLAGESRIPUR DHERUKH, PS- BAHERA, DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Archana Sinha @ Archana Shahi For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 468, 471 of the Indian Penal Code.

3. As per prosecution case, it is a case cheating in respect of execution of sale deed in favour of wife of the informant by impersonating a fake lady.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. The petitioner is a bonafide purchaser. He has filed the Title Suit no. 288 of 20-23 against Vimla Devi which is pending in the court of Sub-Judge, Darbhanga. It is also submitted that it is a case of

Patna High Court CR. MISC. No.54148 of 2023(5) dt.29-11-2023 2/2 civil in nature for which criminal proceeding has been initiated against the petitioner. Moreover, he is languishing in judicial custody since 25.6.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner cheated the informant in forged way and taken amount of the consideration money.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laheriasarai P.S. Case No. 212 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T