Ajay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9055 of 2018 Arising Out of PS.Case No. -1484 Year- 2017 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. Ajay Kumar Singh S/o Kauleshwar Singh Resident of Village- Sakkdi, P.S. Koilwar, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandeshwar Rai S/o late Dhanlal Rai Resident of Village- Songhatta, P.S. Koilwar, District Bhojpur.

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Complaint Case No.1484(C) of 2017, a case under Sections 323/341/504/419/420/406/467/468/471/120B of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara.

The complaint based allegation is that the named accused persons have transferred the land of the complainant to some other person.

Submission is that the petitioner is simply a witness on the sale-deed and the law is well settled that no one can

Patna High Court Cr.Misc. No.9055 of 2018 (2) dt.16-02-2018 P2/ transfer a better title than he himself possess. Therefore, even if anyone has been cheated in the transaction i.e., the person who has paid the consideration money and not the complainant. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T