Patna High CourtCR. MISC./12102/2015dismissed

Ajeet Kumar Sinha And ANR. v. State Of Bihar And ANR

2017-03-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12102 of 2015 Arising Out of PS.Case No. -1561 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Ajeet Kumar Sinha, S/o late Bijendra Kumar Sinha, R/o VillageDhanauti, P.S. - Masaurhi, District- Patna &

2. Santosh Kumar, S/o Sri Krishna Prasad, R/o village- Saichak, P.S.- Parsa Bazar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vijay Kumar, S/o Dev Sahay Singh, Mugila, P.O. - Sakarpur, Imamganj, Paliganj., Patna.

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

For the Petitioner/s : None For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11/ 28-03-2017 The case was listed under the heading "For Admission" after its restoration on 27.03.2017, but none appeared on behalf of the petitioners and the case was ordered to be listed tomorrow.

Today also, none appears on behalf of the petitioners. However, learned APP is present. The Petitioners apprehend their arrest in Complaint Case No.1561-C of 2013 instituted for the offence under Section(s) 406, 420, 468, 471, 504/34 Indian Penal Code pending in the Court of the Judicial Magistrate, 1st class, Patna. As per Complaint Petition, petitioner No.1 was

Patna High Court Cr.Misc. No.12102 of 2015 (11) dt.28-03-2017 2/2 power of Attorney holder and he executed sale deed on that basis whereas power of Attorney of the petitioner No.1 was already cancelled. Petitioner No.2 put his signature on the same as identifier.

It appears that Petitioner No.1 after cancellation of power of Attorney by the landlord has sold the land to the complainant after taking consideration money, whereas, land was already sold to other person by the landlord. Petitioner No.2 put his signature on the same as identifier.

Keeping in view serious allegation against the petitioners, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T