Created by Fuzzy Cloud

Patna High Court

Nibha Sinha @ Niva Sinha @ Sushma Sharma @ Sushma SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.