Nand Kumar Sah @ Nand Kumar Niraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57511 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- SAHARSA COMPLAINT CASE DistrictSaharsa ====================================================== Nand Kumar Sah @ Nand Kumar Niraj S/O Sri Bishnudeo Sah R/O VillageBhavra Ward No. 10, P.S-Sonbarsaraj, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baidynath Sah @ Baidynath Prasad Sah S/O Badrinath Sah R/O VillageMahkhar, P.S- Simri Bakhtiyarpur, Distt.- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the State :

Mr. Sharda Kumari, APP For the Complainant :

Mr. Manoj Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the complainant. 2.

The petitioner seeks bail in connection with Complaint Case No. 95 of 2024 instituted for the offence under Sections 420, 467 & 468 of the Indian Penal Code. 3.

The prosecution case, in a nutshell, is that petitioner along with others, fraudulently obtained the complainant's signature on the sale deed of the land by using forged signature.

Patna High Court CR. MISC. No.57511 of 2025(2) dt.27-08-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-07-2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. The petitioner's counsel respectfully submits that the allegations, even if taken at face value, relate to execution of a sale deed and thus give rise to a civil dispute regarding title and ownership of land; however, the complainant has sought to give it a criminal colour by filing the present case, whereas the appropriate remedy lies before the Civil Court, and continuation of criminal proceedings amounts to abuse of the process of law. 6.

Learned A.P.P. for the State as also learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.57511 of 2025(2) dt.27-08-2025 3/3 below/concerned Court in connection with Complaint Case No. 95 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T