Shankar Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58915 of 2019 Arising Out of PS. Case No.-33 Year-2017 Thana- LODIPUR District- Bhagalpur ====================================================== SHANKAR KUMAR JHA S/o Late Ramanand Jha R/o MohallaSikandarpur, P.S.- Mujahidpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-09-2019 Learned counsel for the petitioner is permitted to make correction in para 1 of the bail petition with regard to sections under which the F.I.R. is lodged.

Heard both sides.

The petitioner apprehends his arrest in Lodipur P.S. Case No.33 of 2017 registered under Sections 120(B), 406, 420, 419, 467, 468, 471, 323, 504, 506, 386 and 34 of the Indian Penal Code and under Section 27 of the Arms Act. The informant filed complaint petition that his sister Lata Singh purchased 22 decimals of land from the petitioner on 01.07.2006 in Plot No.87 of Khata No.240 situated in mauza Khutaha, Anchal-Goradih. Thereafter the petitioner again executed a registered power of attorney in favour of accused Tripureshwar Prasad, who sold the land to different persons,

Patna High Court CR. MISC. No.58915 of 2019(2) dt.24-09-2019 2/2 who are arrayed as accused nos.2 and 3 in the complaint petition. It is alleged that the accused persons demolished his pillars of the boundary wall and made firing. Learned counsel for the petitioner submits that after death of his father, the petitioner got 44 decimals of land. Firstly, he executed sale deed with regard to 22 decimals of land in favour of Lata Singh and thereafter executed power of attorney with regard to remaining 22 decimals of land in favour of other accused. The petitioner has not committed any offence.

Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned C.J.M., Bhagalpur in connection with Lodipur P.S. Case No.33 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T