Ajit Kumar @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74055 of 2018 Arising Out of PS. Case No.-637 Year-2018 Thana- NAWADA District- Nawada ====================================================== Ajit Kumar @ Ajeet Kumar Son of Chandradeep Sinha @ Chandrika Singh, Resident of Village- Debaspura, Police Station- Katrisarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2019 Heard both sides.

The petitioner apprehends his arrest in Nawada P.S. Case No.637 of 2018 registered under Sections 420, 468, 471 and 34 of the Indian Penal Code.

The informant alleged that the lands of Khata No.4, area 15 acres 35 decimals was recorded in the name of Kanhai Singh and some lands were mutated in the name of Ganesh Shankar Vidyarthi vide Mutation Case No.20 of 1992-93. Kanhai Singh died issueless and the informant inherited the entire property but Ram Pravesh Singh, Chandrika Prasad Singh, Balmiki Singh, all three sons of Harihar Singh, Mani Devi and Rebi Devi executed a sale deed in favour of the petitioner and others.

The learned counsel for the petitioner submits that the petitioner is a bonafide purchaser. The informant annexed

Patna High Court Cr.Misc. No.74055 of 2018(4) dt.22-01-2019 2/2 genealogy of Kanhai Singh on a plain paper but the petitioner appended genealogy of Kanhai Singh duly issued by the competent authority which is annexed at page 63 which shows that the vendors are the sons of brother of Kanhai Singh. It is submitted that petitioner is a purchaser and he did not commit any forgery or impersonation rather the petitioner purchased the land from one of the successors of Kanhai Singh and the dispute is of civil nature.

Considering the aforesaid facts and the fact that the dispute appears to be of civil nature as the informant as well as vendors of the petitioner claimed to be the descendant of Kanhai Singh, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail 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 Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No.637 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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