Shree Kant Mishra Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Shree Kant Mishra Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail allowed: petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Motihari Muffasil P.S. Case No. 445 of 2023, subject to Section 437(3) Cr.P.C. conditions and (i) one bailor being a close relative; (ii) attendance on every date fixed by the court below; (iii) bail bond cancellable on absence on three consecutive dates or breach of terms.

Issue for consideration

Whether the petitioner, arraigned in Motihari Muffasil P.S. Case No. 445 of 2023 under Sections 420, 467, 468 and 471/34 IPC and in custody since 18.10.2024, should be released on bail.

Court's answer

Having regard to the facts and circumstances, the submissions of the parties, the vague and non-specific nature of the allegation against the petitioner, the period of custody already undergone and the submission of the charge-sheet, the Court found the petitioner entitled to bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds 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 at Motihari, in connection with Motihari Muffasil P.S. Case No. 445 of 2023, subject to the conditions in Section 437(3) Cr.P.C. and three additional conditions: (i) one bailor to be a close relative of the petitioner; (ii) presence on each and every date fixed by the court below; (iii) bail bond liable to be cancelled on absence on three consecutive dates or violation of bail terms.

Detailed headnote1 paragraphs

Bail granted — vague and non-specific allegations; custody undergone; charge-sheet filed. In CRIMINAL MISCELLANEOUS No.4919 of 2025 arising out of Motihari Muffasil P.S. Case No. 445 of 2023 (District East Champaran), registered for offences under Sections 420, 467, 468 and 471/34 IPC over the alleged conspiratorial sale of the informant's land purchased in 1976, the Patna High Court (Arun Kumar Jha, J., oral order dated 12-02-2025) allowed the petitioner Shree Kant Mishra's bail prayer. Taking into account the vague and non-specific nature of the allegation, the petitioner's custody since 18.10.2024 and submission of the charge-sheet (defence also urged the dispute was civil in nature, the petitioner claiming to be a victim of an aborted registered sale agreement involving Rs. 1,49,000/- token out of Rs. 5,49,000/- consideration), the Court directed release on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to Section 437(3) Cr.P.C. conditions and additional conditions requiring a close-relative bailor, presence on every date fixed by the court below, and liability of the bail bond to cancellation on absence on three consecutive dates or violation of terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4919 of 2025

Arising Out of PS. Case No.-445 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran

======================================================

Shree Kant Mishra Son of Late Ramashray Mishra Resident of village - kolhuarwa ,ps - Town Motihari, District -East champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Prateek Tandon, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 12-02-2025

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Motihari Muffasil P.S. Case No. 445 of 2023 registered for the alleged offences under Sections 420, 467, 468 and 471/34 of the Indian Penal Code.

As per prosecution case, petitioner and other coaccused persons, in conspiracy with each other sold out the land of the informant which was purchased by the father of the informant way back in the year 1976 from the father and the uncle of co-accused Dharmendra Mishra.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.4919 of 2025(2) dt.12-02-2025 2/3

case. The petitioner himself is the victim as co-accused Dharmendra Mishra executed a registered agreement for sale in favour of petitioner and co-accused Pundeo Mahto and took Rs. 1,49,000/- as token amount out of total consideration amount of Rs. 5,49,000/- and later on refused to register the land in the name of the petitioner and co-accused. The allegations are completely vague and the nature of dispute is civil. The petitioner is in custody since 18.10.2024 and charge-sheet has been submitted. The petitioner is having antecedent of one case and has been given benefit of Section 41A of Cr.P.C.

Learned APP for the State opposes the prayer for

bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and non specific nature of allegation against the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Muffasil P.S. Case No. 445 of 2023, subject to the

Patna High Court CR. MISC. No.4919 of 2025(2) dt.12-02-2025 3/3

conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of

the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

Ashish/-

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