Lalan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78273 of 2024 Arising Out of PS. Case No.-560 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Lalan Singh Son of Late Mainajar Singh Resident of Village - Bilaspur, P.S. - Ramnagar, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Ramnagar P.S. Case No. 560 of 2023 registered for the offences punishable under Sections 419, 420, 467, 468, 385, 387, 427, 504 and 506/34 of the Indian Penal Code.
3. Allegation against the petitioner is of preparing a forged and fabricated power of attorney by impersonating a fake person in place of the mother of the informant.
4. Learned counsel for the petitioner contended that so far the power of attorney is concerned, even if the allegation is taken to be true on its face value, it does not transfer the ownership and in case the same is said to be forged/fabricated, the informant has remedy available under the civil court of
Patna High Court CR. MISC. No.78273 of 2024(3) dt.22-03-2025 2/3 competent jurisdiction but only in order to wreak vengeance and put pressure upon the petitioner, the present FIR has been instituted. So far the allegation of demand of extortion and damaging dwelling house and boundary wall is concerned, that has been attributed against other co-accused persons. From the FIR, it does not appear that when and where this power of attorney is executed in favour of the petitioner. It is the contention of the petitioner that there is no allegation that on the basis of said power of attorney, he has executed any sale deed in favour of any person. Moreover, the petitioner is a septuagenarian having fair antecedent and he undertakes that he will fully cooperate in the proceedings of the Court.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the allegation, which is predominately appears to be civil in nature, coupled with the fact that the petitioner is an old person having fair antecedent, 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
Patna High Court CR. MISC. No.78273 of 2024(3) dt.22-03-2025 3/3 like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 560 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T