Bibhash Chnadra Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80045 of 2025 Arising Out of PS. Case No.-229 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== 1.
Bibhash Chnadra Jha S/o Late Satya Narayan Jha Resident of Quarter No. 156/800, Thana Road, Near Durga Mandir, LBS Nagar, P.S.- Shastrinagar, District- Patna 2.
Poonam Kumari W/o Bibhash Chnadra Jha Resident of Quarter No. 156/800, Thana Road, Near Durga Mandir. LBS Nagar, P.S.- Shastrinagar, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tanveer Ahmad Son of Md. Jakiuddin Resident of Mohalla- Sajjad Nagar,P.S.- Phulwarisarif, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Dubey For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 25-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Pirbahore P.S. Case No. 229 of 2021 for the offence under Sections 406, 420, 467, 468 and 447 of the I.P.C.
3. As per the prosecution story, the informant has alleged that both the petitioners have availed loan of Rs. 15,00,000/- and Rs. 10,00,000/- respectively from Bihar Awami Co-operative Bank Limited in 2003 on the basis of forged document.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.80045 of 2025(2) dt.25-11-2025 2/3 petitioners are husband and wife who are innocent and have not committed any offence rather they were made a victim of high handedness and arbitrariness of the informant, only with a view to save his higher officials they have falsely implicated the petitioner, without verifying the facts of the matter. Learned counsel further submits that documents filed at the time of taking loan were correct and genuine and the allegation of attaching the forged and fake document is false. It is also submitted that the petitioners have to incur huge expense in treatment of the mother of petitioner no. 1. The three children of petitioners after passage of time grew up and petitioners had to incur huge expenses in their higher study. For the aforesaid reasons petitioners could not either construct their residential house nor able to repay the amount of loan.
5. Learned APP opposes the prayer for bail.
6. During the course of argument, learned counsel for the petitioners submits that petitioners are ready to deposit the entire amount i.e., Rs. 25,00,000/- by December 2027 because he is due to superannuate in the year 2026. In the meantime, he is ready to pay Rs. 50,000/- per month to the concerned bank and in this regard petitioner is ready to file affidavit before the Trial Court.
Patna High Court CR. MISC. No.80045 of 2025(2) dt.25-11-2025 3/3
7. Having heard learned counsel for the parties and considering the bona fide intention of the petitioners, this Court is inclined to enlarge the petitioners on provisional bail. The above named petitioners are directed to be enlarged on provisional bail in connection with Pirbahore P.S. Case No. 229 of 2021 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) within a period of one month from the date of receipt of this order with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna as well as the affidavit to the extent that petitioner will pay the entire amount of Rs. 25,00,000/- by December 2027 and in the meantime he will pay Rs. 50,000/- per month to the co-operative bank.
8. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 25,00,000/- by the petitioner to the aforesaid co-operative bank.
9. Accordingly, the instant application stands disposed of.
(S. B. Pd. Singh, J) Ankit Kumar/- U T