Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25756 of 2020 Arising Out of PS. Case No.-287 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== 1.

SHANKAR PASWAN S/o Dukhharan Paswan 2.

Lalan Prasad @ Lalan Prasad Sah S/o Shiv Prasad Sah Both R/o Village- Pupri, P.S.-Pupri, District-Sitamarhi. 3.

Rizwana Begum W/o Anjar Ahmad R/o Village- Supauliya, P.S.- Jaley, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-10-2020 The matter has been taken up through video conferencing.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420,467,468,471/34 of the Indian Penal Code.

Allegation is that some other named accused persons sold the land of the informant in favour of the petitioners through registered sale deed.

Patna High Court CR. MISC. No.25756 of 2020(2) dt.13-10-2020 2/2 Learned counsel for the petitioner submits that the law is well settled that no one can transfer a better title than he himself possesses. If the vendor of the petitioners had no title, the petitioners would get nothing. Moreover no case of cheating is made out against the petitioners.

Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pupri P.S.Case No. 287 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case and also the petitioners shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T