Namonarayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2830 of 2026 Arising Out of PS. Case No.-351 Year-2025 Thana- KHAJANCHI HAT District- Purnia ====================================================== Namonarayan Jha S/o- Late Sachchidanand Jha R/v- Maharaji Hata Ps- K. Hat, Dist- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate.

Mr. Raghav Kumar, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

For the Informant :

Mr. D. K. Pandey, Advocate.

Mr. Ramashish, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-04-2026

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with K. Hat P.S. Case No.351 of 2025 instituted under Sections 406, 419, 420, 120(B) of the Indian Penal Code.

3. As per the prosecution case, there was a discussion between informant and petitioner and one Subodh Thakur in front of 3-4 other persons for sale of land. It is alleged that two kattha of land were registered in the name of Subodh Thakur for a consideration of Rs.30 Lakh. It is also alleged that wife of informant, namely, Sonali Kumari registered 10 katthas of land in favour of petitioner for a consideration of Rs.50 Lakh.

Patna High Court CR. MISC. No.2830 of 2026(3) dt.01-04-2026 2/3 Petitioner has paid paid a total of 58 lakhs and Rs.22 Lakh still remains to be paid and when informant started asking for the remaining money, he kept showing his inability to pay due to which a panchayati took place and a compromise was suggested to both the parties but the petitioner openly opposed the decision and clearly said that he would neither return the land nor the money.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that with respect to monetary dispute which is civil in nature, there is case and counter case between the parties with respect to same monetary transaction. Learned counsel submits that the informant has filed the present case only to pressurize the petitioner and other accused persons to extract money from them. He further submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation and trial of the case. It is further pointed out that in order dated 18.12.2025 passed in Cr.. Misc. No.85587 of 2025 (arising out of K.Hat P.S. Case No.351 of 2025) Shri Gagan Chaudhary (informant of this case) submitted that he is ready and willing to refund an amount of Rs.27,00,000/- (Twenty Seven Lakh Rupees) to the petitioner

Patna High Court CR. MISC. No.2830 of 2026(3) dt.01-04-2026 3/3 provided he return the land in question to him by executing appropriate sale deed.

5. Learned A.P.P. for the State and learned counsel for the informant opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation against the petitioner as well as the fact that dispute between the parties is civil in nature, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Purnea/ concerned Court in connection with K. Hat P.S. Case No.351 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T