Patna High Court
Nibha Sinha @ Niva Sinha @ Sushma Sharma @ Sushma SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Nibha Sinha, was arrested on 23 September 2025 in connection with a land fraud case involving forged sale deeds and impersonation, charged under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code. She claimed a clean antecedent and alleged false implication, noting that co‑accused who paid the consideration and were similarly charged had already been granted bail by the same court. The prosecution opposed bail, arguing the seriousness of the offences. The court considered the fact that the entire consideration had been paid, the bail granted to co‑accused, and the petitioner’s alleged lack of prior criminal record. Consequently, the court ordered her release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner despite charges of forgery, cheating, and criminal conspiracy under the IPC.
- Whether the grant of bail to co‑accused in the same case warrants similar relief to the petitioner.
- Whether the nature of the offences and the petitioner’s alleged clean antecedent justify bail.
Legislation cited
- Indian Penal Code — s. 120(B), 419, 420, 467, 468, 471
Subjects
- bail
- forgery
- cheating
- criminal conspiracy
- Indian Penal Code
- Patna High Court
- impersonation
- land fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82196 of 2025
Arising Out of PS. Case No.-305 Year-2023 Thana- GANDHIMAIDAN District- Patna
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Nibha Sinha @ Niva Sinha @ Sushma Sharma @ Sushma Sinha W/O
Akhilesh Kumar R/o Harnichak, Beur More, P.O- Sarstabad, P.S- Beur, Distt.-
Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-01-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioner and Md. Fahimuddin, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.09.25 in connection with Gandhi Maidan P.S. Case No. 305
of 2023, F.I.R. dated 23.04.2023 for the offences punishable
under Sections 419, 420, 467, 468, 471 and 120(B) of the IPC.
3. According to prosecution case, this petitioner along
with other accused persons have executed forged sale deed and
transferred the informant's land in favour of some other person.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. As per the allegation in the F.I.R,
the petitioner had impersonated one Sushma Sharma who is the
actual owner of the land in question and executed the sale deed
Patna High Court CR. MISC. No.82196 of 2025(3) dt.29-01-2026
2/3
along with other accused persons. He further submits that it is
true that the petitioner had impersonated Sushma Sharma but
the co-accused, namely, Shravan Kumar has paid all the
consideration amount i.e., Rs. 1,43,00,000/- to Pranav Kumar
who is the purchaser of the land in question. He further submits
that the police after investigation submitted the charge sheet
against the petitioner. He further submits that similarly situated,
co-accused, namely, Dharmendra Kumar has been granted bail
by a Co-ordinate Bench of this Court vide order dated
25.07.2025 passed in Cr. Misc. No. 31869 of 2025 and another
co-accused, namely, Shravan Kumar has also been granted
regular bail by a Co-ordinate Bench of this Court vide order
dated 21.05.2025 passed in Cr. Misc. No. 32551 of 2025. The
petitioner is in custody since 23.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the entire consideration amount has been paid to the
purchaser, namely, Pranav Kumar by the co-accused, Shravan
Kumar and the similarly situated co-accused persons have been
granted bail by a Co-ordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.82196 of 2025(3) dt.29-01-2026
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bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned SDJM, Patna
in connection with Gandhi Maidan P.S. Case No. 305 of 2023,
subject to the following conditions:-
i. 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.
ii. 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.
iii. 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 bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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