Patna High Court – Orders
Ashok Sah vs The State Of Bihar on 27 August, 2025
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58972 of 2025
Arising Out of PS. Case No.-136 Year-2023 Thana- CHAKIA District- East Champaran
======================================================
Ashok Sah, Son of Late Shiv Lakhan Sah, R/o Village- Fulwariya, P.S.-
Chakiya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
For the informant : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 27-08-2025
Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Chakiya P.S. Case No. 136 of 2023 dated 13.04.2023 instituted
for the offence punishable under Sections 384, 387, 420, 467,
468, 471/120B of the Indian Penal Code and Section 27 of the
Arms Act.
3. The prosecution case, in short, is that the petitioner
in connivance with other accused persons got executed two false
and fabricated sale deeds and sold 15 katha land of the
informant by showing wrong boundaries. Vide Sale Deed No.
1635, co-accused Suresh Sah and Bali Sah executed 7 katha and
10 dhurs land in favour of one Kunal Kumar and vide sale deed
no. 1636, the same vendors executed 7 katha 10 dhurs land to
Patna High Court CR. MISC. No.58972 of 2025(2) dt.27-08-2025
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co-accused Mohan Kumar, Mukesh Mahto, Gajendra Sah and
Alok Kumar. It is also alleged that the petitioner has demanded
fifty lakh rupees from the informant as ransom.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that the
petitioner has no concern with the sale deeds. The petitioner is
neither the purchaser nor the vendors of the sale deeds. It is
further submitted that as per the prosecution case, Suresh Sah
and Bali Sah were vendors, Kunal Kumar was purchaser,
Dharmendra Kumar was identifier and Raushan Singh was
witness of the first sale deed. In the second sale deed, Suresh
Sah and Bali Sah were vendors and Mohan Kumar, Mukesh
Mahto, Gajendra Sah and Alok Kumar were purchasers. It is
further submitted that Gaja Sah @ Gajendra Sah has been
granted bail vide order dated 20.09.2024 passed by a co-ordinate
Bench of this Court in Criminal Miscellaneous No. 35557 of
2024. Co-accused, Mohan Kumar and Dharmendra Kumar @
Dharmendra Sah have also been granted bail vide order dated
09.09.2024 passed by a co-ordinate Bench of this Court in
Criminal Miscellaneous No.37191 of 2024. Learned counsel
submits that from perusal of the aforesaid orders of this Court, it
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is apparent that the land in question was recorded in the name of
ancestors of Suresh Sah and Bali Sah, who are the heirs of
Khatiyani Raiyat. It is also submitted that Title Suit No. 810 of
2023 has been filed by the informant against the vendors and
purchasers. The petitioner has no concern with the said
proceedings. Only ornamental allegation has been made against
the petitioner. Lastly, it has been submitted that the petitioner is
in custody since 19.05.2025 having seven criminal cases against
him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner. Learned counsel for the informant submits that
the petitioner is the main culprit of the said forgery. He also
alleged that the petitioner demanded ransom of fifty lakh rupees
from the informant.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon 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, Motihari in connection with Chakiya P.S. Case
No. 136 of 2023, subject to the following conditions:-
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1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
5. The petitioner within two weeks of his release
from custody shall appear before the S.H.O. of his
local area alongwith a copy of this order and shall
appear every fortnightly to mark his attendance till
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(Khatim Reza, J)
premchand/-
U T
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