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Patna High CourtCR. MISC./2504/2017bail granted

Jai Bahadur Singh v. The State Of Bihar

2017-03-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2504 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Jai Bahadur Singh, Son of Tangk Singh, R/o Vill- Etwa, P.S.- Sahpur, DistBhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 11 of 2016 registered under Sections 420, 467, 468, 471, 406, 323, 504 of the Indian Penal Code.

The accusation is that the petitioner along with co-accused Satyendra Singh, Surya Kumar Singh, Amar Nath Singh and Virendra Singh came at the door of the complainant/informant and asked to purchase the land covering under Khata No. 29, Khesra No. 63 measuring an area of 3 1⁄2 katha situated in village Dusadhi Chak of Jhulan Singh showing the power of attorney executed by him in favour of Satendra Singh. Accordingly Satyendra Singh executed the sale deed in favour of the informant and her gotni Sabita Devi on 13.11.2014

Patna High Court Cr.Misc. No.2504 of 2017 (2) dt.03-03-2017 2/2 and also mutation was done but at the time of taking possession, it has come that Satyendra Singh has already executed the sale deed with respect to the same land in favour of Bali Ram Prasad Srivastava two days before executing the sale deed dated 13.11.2014.

It is submitted on behalf of the petitioner that petitioner being co-villager went at the house of the informant along with other accused and he has no concern either in purchasing or selling of the land in dispute and at the time of negotiation the land in question was not sold by Satyendra Singh to anyone.

Having considered the facts and circumstances of the case, let the petitioner above named, be released on anticipatory bail, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur P.S. Case No. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Shageer/- U T