Manoj Kumar Sinha And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14569 of 2015 Arising Out of PS.Case No. -486 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================
1. Manoj Kumar Sinha
2. Madhav Sinha @ Madhav kumar Sinha S/o Late Kamata Prasad sinha resident of Mohalla Kayasth Tola, Ward No. 31 p.s & District Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. It is alleged by the informant that he purchased the land in question from Lalo Sharma and Jamabandi was created in his favour, but subsequently under conspiracy the petitioners executed sale deed with regard to the same land.
It is submitted by the learned counsel for the petitioners that the land in question is ancestral land of the petitioners. The petitioners executed power of attorney on 13.10.2012 in favour of Lalo Sharma vide Annexue-2 and
Patna High Court Cr.Misc. No.14569 of 2015 (2) dt.12-05-2015 subsequently cancel the registered power of attorney through registered cancellation deed dated 20.10.2012 Annexure-3. The informant claimed to have purchased the said land on 31.10.2012 from the power of attorney holder after its cancellation, hence no title actually traveled to the petitioners. Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 486 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T