Amit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78527 of 2025 Arising Out of PS. Case No.-550 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Amit Kumar Sharma son of Gorelal sharma Resident Of Village- Gajachak Mahmmadpur Ps- Janipur Dist -Patna.

2.

Rakhi Devi Wife of Amit Kumar Sharma Resident Of Village- Gajachak Mahmmadpur Ps- Janipur Dist -Patna.

... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners apprehending their arrest in connection with Phulwarisharif P.S. Case No. 550 of 2025 registered for the offences punishable under Sections 316(2), 318(4), 3(5) of BNS.

3.

As per FIR, informant alleged accused/petitioners to cheat a sum of Rs. 15 lacs arising out of land dispute.

4. It is submitted by learned counsel appearing on behalf of the petitioners that primarily disputes between the

Patna High Court CR. MISC. No.78527 of 2025(4) dt.24-02-2026 2/3 parties appears civil in nature. It is pointed out that FIR speaks itself that after receiving consideration amount, the sale deed was executed but as due to certain reasons as informant could not raise boundary wall, the present false case was raised. It is submitted that Sonepur P.S. Case No. 22/25 is of no bearing on the merit of this case, as it was lodged in connection with different offence as speaks through FIR itself.

5. Explaining criminal antecedent, it is submitted by learned counsel that both petitioners found involved in two more criminal cases, where they are on bail.

6. Learned APP opposed the prayer of bail.

7. In view of aforesaid factual submissions and by taking note of fact as primarily dispute between the parties appears civil in nature arising out of land dispute, accordingly, both above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.78527 of 2025(4) dt.24-02-2026 3/3 satisfaction of the learned Additional Chief Judicial Magistrate-IV, Patna/concerned Court, where the case is pending in connection with Phulwarisharif P.S. Case No. 550 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T