Jayant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56322 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- TATARPUR District- Bhagalpur ====================================================== JAYANT KUMAR Son of Late Indradev Yadav Resident of Village - Dhannichak, P.S. - Amarpur, District - Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 01.07.2019 in connection with Tatarpur (university) P.S. Case No. 146 of 2018 for the offence registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire case against the petitioner is false and fabricated and the petitioner has not indulged in any fraud rather he had proceeded on the basis of valid power of attorney executed by the informant and it is only as an after thought that the informant has filed the present case. It is further submitted that though the informant had knowledge about the transaction and sale deed, the first information report was lodged after a lapse of seven

Patna High Court CR. MISC. No.56322 of 2019(3) dt.18-10-2019 2/2 months. It is, thus, submitted that if at all the informant has a grievance, he can move before the appropriate authorities for cancellation of the sale deed if he has not got executed the same. However, there is no element of fraud and the power of attorney as executed at Kolkatta is perfectly a valid piece of document and the petitioner may be extended the privilege of bail.

Considering the aforesaid facts and circumstances of the case and the nature of allegtion, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM 7th, Bhagalpur in connection with Tatarpur (university) P.S. Case No. 146 of 2018. (Anjana Mishra, J) Jagdish/- U T