Suman Kumar Suman @ Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63320 of 2017 Arising Out of P.S.Case No. -64 Year- 2016 Thana -HABIBPUR District- BHAGALPUR ====================================================== Suman Kumar Suman @ Pintu Yadav, Son of Etwahi Yadav, resident of Daudbad, P.S.- Habibpur District- Bhagalpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anirudh Kumar Sinha, ADVOCATE For the Opposite Party : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 Heard.

The petitioner is in custody in connection with Habibpur P.S.Case No.64 of 2016 registered for an offence under Sections 341, 323, 327, 386, 406, 420, 467, 468 and 504/34 of the IPC.

It has been submitted that the petitioner had acquired land measuring 2 acres 15 decimals of plot no.53 and 54 by virtue of registered sale deed dated 03.01.1979. The petitioner subsequently executed a power of attorney in favour of Sunil Shekhar authorizing him to sell an area measuring 561⁄2 decimal of the said land. The attornee holder committed fraud and forgery by selling land beyond the said 56.1/2 decimals of land to several purchasers resultantly purchasers lodged several FIR against this

Patna High Court Cr.Misc. No.63320 of 2017 (2) dt.15-01-2018 2/2 petitioner. The petitioner has been granted anticipatory and regular bail in some of the cases lodged by the purchasers. This is a purely civil dispute. The petitioner had no role at all in execution of sale deed and so he is not liable for any act committed by his attornee on the strength of said power of the attorney. The petitioner has clean antecedent except the cases relating to said power of attorney for which the petitioner has already filed a Title Suit No.365 of 2016 before Sub Judge-Ist, Bhagalpur. There allegation of demand of ransom against the petitioner is omnibus. The learned APP opposed the submissions.

Considering the facts, circumstances and nature of allegation, the prayer for bail is allowed. Let the above named petitioner 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 ACJM-XII, Bhagalpur in connection with Habibpur P.S.Case No.64 of 2016.

(Sanjay Kumar, J) B.Kr./- U T