Patna High Court – Orders
Saroj Kumar Jha vs The State Of Bihar on 5 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29243 of 2025
Arising Out of PS. Case No.-231 Year-2024 Thana- SAMASTIPUR District- Samastipur
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1. Saroj Kumar Jha S/o Shiv Shankar Jha Resident of village- Eastern side of
Girls High School, Kashipur, PS- Town, District- Samastipur
2. Usha Kumari W/o Saroj Kumar Jha R/o vill - Kalyanpur, ward no. 11, P.S.-
Kalyanpur, Distt.- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajeev Kumar Choudhary S/o Uday Chandra Choudhary Assistant General
Manager, Bank of Baroda, Regional Office, Darbhanga, P.S.- Town, Distt.-
Darbhanga
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
For the Bank : Mr. Sanjay Singh Thakur, Advocate
: Mr. Shashank Shekhar, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 05-08-2025
Heard Mr. Brajesh Kumar Singh, learned counsel for
the petitioners, Mr. Sanjay Singh Thakur, learned counsel for the
Bank and Mr. Madan Kumar, learned Additional Public
Prosecutor for the State.
2. Learned counsel for the petitioners submits that
during the pendency of the application, petitioner no.1, namely,
Saroj Kumar Jha has been arrested. So the present application with
respect to petitioner no.1, namely, Saroj Kumar Jha has become
infructuous. Therefore, he seeks permission to withdraw this
application with respect to petitioner no.1.
Patna High Court CR. MISC. No.29243 of 2025(3) dt.05-08-2025
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3. Permission is accorded.
4. Accordingly, this application stands dismissed as
withdrawn with respect to petitioner no.1, namely, Saroj Kumar
Jha.
5. The petitioner is apprehending her arrest in
connection with Samastipur Town P.S. Case No. 231 of 2024,
F.I.R. dated 30.10.2024 for the offences punishable under Sections
406, 420/34 of the Indian Penal Code and later on Section 467,
468, 471 and 120(B) of the Indian Penal Code.
6. Allegation against the petitioner is that she has taken
loan from the Bank after mortgaging the gold.
7. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been implicated
in the present case. Infact the petitioner has pledge the gold in
question to the bank which was verified by one Manoj Kumar Sah
and when the Bank had found the genuineness of the gold, the
Bank had granted loan to the petitioner and similarly situated co-
accused persons, namely, Jitendra Kumar Choudhary, Poonam
Kumari @ Punam Kumari, Najara Khatoon has been granted the
privilege of anticipatory bail by this Court vide order dated
02.04.2025, 08.05.2025, 07.05.2025 in Cr. Misc. No. 18546 of
2025, Cr. Misc. No. 26011 of 2025 and Cr. Misc. No. 24910 of
2025 and other co-accused persons have been granted the privilege
Patna High Court CR. MISC. No.29243 of 2025(3) dt.05-08-2025
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of anticipatory bail be different co-ordinate Benches of this Court.
8. Learned counsel for the petitioner on instructions
fairly submits that the petitioner is ready to pay the loan amount to
the Bank and as per FIR loan amount has come in tune of
Rs.3,17,000/-(Rupees Three Lakh Seventeen Thousand) on the
date of filing of the FIR.
9. The learned Additional Public Prosecutor as well as
learned counsel for the Bank have vehemently opposed the prayer
for bail of the petitioner.
10. Learned counsel for the Bank submits that he has no
objection if the petitioner is ready to return the loan amount with
interest.
11. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the date
of receipt of the order, 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, Samastipur in connection with Samastipur Town P.S.
Case No. 231 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section 482(2)
of the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
Patna High Court CR. MISC. No.29243 of 2025(3) dt.05-08-2025
4/4i. At the time of furnishing bail bond, the etitioner shall
produce a no objection certificate from the Bank which suggest
that the petitioner has paid the loan amount to the Bank.
ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed her criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T