Rajeshwar Singh @ Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59899 of 2024 Arising Out of PS. Case No.-39 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Rajeshwar Singh @ Rajesh Kumar Singh Son Of Late Saryu Singh VillageBarki Babhani, P.S. - Magadh University, Dist- Gaya ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ramdutt Singh Son Of Late Chhotu Singh Village- Barki Babhani, PsMagadh University, Dist- Gaya P/A-Ashok Vihar Colony, Ps- Vishnupad, Dist- Gaya ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the complaint and apprehending his arrest in connection with Complaint Case No.39 of 2021 registered for the offence under sections 467, 468, 471, 420, 406 and 34 of the Indian Penal Code, wherein cognizance has been taken under Sections 406 and 420 read with 34 of the I.P.C.

3. Allegation against the petitioner is to cheat the complainant along with others by

Patna High Court CR. MISC. No.59899 of 2024(4) dt.13-12-2024 2/3 creating a forged document qua piece of land. The description of which are given in para-2 of the complaint petition itself.

4. It is submitted by learned counsel that petitioner has been falsely implicated with present case only for the reason that by passing of time, the price of land has increased manifolds since 2009, when the complainant created a registered power of attorney in favour of petitioner and others to sell out his property. It is submitted that the allegation suggest civil dispute and if complainant has any such grievance, he may take appropriate steps to cancel the power of attorney, which was created in favour of petitioner and others. While concluding argument, it is submitted that petitioner was found involved in one more criminal case of different nature, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of the fact that dispute appears civil in nature arises out of registered power of

Patna High Court CR. MISC. No.59899 of 2024(4) dt.13-12-2024 3/3 attorney created by the complainant himself in favour of petitioner and others, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya in connection with Complaint Case No.39 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nyaya Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T