Manoj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.31155 of 2014 (5) dt.14-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31155 of 2014 Arising Out of PS.Case No. -15 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Manoj Kumar Son of Rajendra Prasad Resident of Chainpura, P.S.- Wazirganj, District- Gaya at present resident of Salampur, P.S.- Mofassil, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Dashrath Mehta(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 15 of 2014 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that it is out and out a false case, made against the petitioner relating to sale and purchase of land, for which, it is alleged that petitioner had received a huge amount of money. Learned counsel for the informant submits that the money was transacted through bank and the petitioner promised to register the land on the basis of the power of attorney but as of now, he is refusing to register the land in his favour.

Learned counsel for the petitioner has filed a

Patna High Court Cr.Misc. No.31155 of 2014 (5) dt.14-09-2015 supplementary affidavit bringing on record the documents with respect to the power of attorney which is of the year 2011 but in the first information report itself, it has been alleged that the power of attorney was shown by the petitioner to the informant in the year, 2010 itself.

Considering the peculiar nature of the case and that the dispute appears to be purely of civil nature involving the sale and purchase of land, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 15 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T