Ganesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60466 of 2019 Arising Out of PS. Case No.-1253 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== GANESH SINGH, Son of Late Ramadhar Singh Resident of Village - Teladh, P.S.- Agiaon Bazaar, Dist.- Bhojpur. At Present residing at Rahargora, Subhash Tola, Near Manorma Engg. Jamshedpur, P.S.- Rahargora, Dist.- East Singhbhumi, (Jharkhand).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Tileshwar Rai Son of Late Dudhnath Rai Resident of Village - Teladh, P.S.- Agiaon Bazaar, Dist.- Bhojpur.

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1253 (C) of 2017, registered under Sections 420, 467, 468 and 471 of the Indian Penal Code. The accusation is that O.P. No.2 purchased 43 decimal land of Khata No. 228, Plot No. 105 and 101 of village -Anua from the petitioner Ganesh Singh and his mother Lakhrajo Kunwar, but petitioner detailed Plot No. 104 and 256 on sale deed, which was not in his possession. When informant came to know the said fact in the year 2015 then made complain to the petitioner and his mother. The petitioner in

Patna High Court CR. MISC. No.60466 of 2019(2) dt.26-09-2019 2/2 conspiracy also sold the land of Plot No. 105 and 101 to Bharat Rai.

Learned counsel for the petitioner submits that due to topographical error in place of Plot No. 105 and 101, Plot No. 104 and 256 were detailed in the sale deed executed by the petitioner, but later on, the same was corrected by executing the registered deed No. 780, dated 14.03.2013 in which the O.P. No.2 has also put his signature as a purchaser, but with ulterior motive, the present case has been lodged after four years of the correction. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VIII, Bhojpur at Ara in connection with Complaint Case No. 1253 (C) of 2017, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T