Nagina Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73205 of 2025 Arising Out of PS. Case No.-535 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Nagina Sah S/o Basanti Sah R/o Village- Chandrahiya, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Madan Prasad Sah S/o Basanti Sah R/o Village- Chandrahiya, P.S.- Muffasil, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni Mr. Jharkhandi Upadhyay, APP Incharge Mr. Shyam Kumar Singh For the Informant :

Mr. Vijay Shankar Shrivastava Ms. Ankita ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-02-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Trial No. 2558 of 2023 arising out of Complaint Case No. C-535 of 2022 registered for the offence under Sections 406, 420 and 504 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is the brother of the informant and he is alleged to have sole the land belonging to his father, showing his father to be dead which has resulted in loss of 50 percent of the sale consideration amount to the informant.

4. It has been submitted by the learned counsel for

Patna High Court CR. MISC. No.73205 of 2025(4) dt.26-02-2026 2/3 the petitioner that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner is ready to return the 50 percent of sale consideration amount which comes to around 5 lakhs.

5. Considering the aforesaid facts, this application is allowed.

6. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court below in connection with Trial No. 2558 of 2023 arising out of Complaint Case No. C-535 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

7. As a condition of this order, the petitioner will bring a demand draft of Rs. 1.25 lakhs in the name of the informant at the time of furnishing his bail bonds and thereafter his bail bonds shall be accepted by the Court below. It is made clear that rest of the balance amount i.e. Rs. 3,75,000/- shall be paid to the informant in equal monthly installments in the next

Patna High Court CR. MISC. No.73205 of 2025(4) dt.26-02-2026 3/3 four months.

8. It is also made clear that any default in payment of the monthly installment amount will result in automatic cancellation of the bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U