Patna High CourtCR. MISC./28402/2016allowed

Chandradeep Koiri And ANR v. State Of Bihar And ANR

2016-10-05Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28402 of 2016 Arising Out of PS.Case No. -355 Year- 2015 Thana -BUXAR District- BUXAR ======================================================

1. Chandradeep Koiri, Son of Saryu Koiri,

2. Mahesh Kumar, son of Chandradeep Koiri, Both residents of village Koerpurwa, P.S. Buxar Town, District Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Satya Narayan Singh, son of late Sipahi Singh, resident of village Piparpati Road Buxar, P.S. Buxar Town, District Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party No.1 : Mr. M. K. Khare, A.P.P. For the Opposite Party No.2 : Mr. Ashwini Kumar Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER 05-10-2016 The present is an application for grant of bail under Section 438 of the Code of Criminal Procedure to the petitioners in respect of Buxar (Town) P.S. Case No.355 of 2015 registered for the offences punishable under Sections 406, 420, 467, 468, 471, 472, 504, 506/34 of the Indian Penal Code. The allegations against the petitioners are that on 01.02.2012, petitioner no.1 executed a power of attorney in favour of the informant authorizing for sale of land bearing Khata No.329, Plot No.3682 of Thana No.332, measuring an area 1 katha and the allegation is that in spite of such power of attorney, the petitioner no.1 has sold the said land to one Ghanshyam Kumar Sahay on 02.02.2012. Thus, the informant

Patna High Court Cr.Misc. No.28402 of 2016 (3) dt.05-10-2016 2/2 alleges the offences as mentioned in the F.I.R.. Prima facie, reading of the F.I.R. discloses only civil disputes pertaining to sale of land. In view of the said fact, the present application is allowed. In the event of arrest, the petitioners above named, are ordered to be admitted to bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P. S. Case No.355 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Hemant Gupta, J.) Sunil/- U T