IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10054 of 2011
SAJJAD ASGHER
Versus
THE STATE OF BIHAR
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2. 25.03.2011. Heard learned counsels for the
petitioner and the State.
The petitioner is apprehending his
arrest in complaint case in which cognizance
has been taken under Sections 120 and 420 of
the Indian Penal Code.
It is alleged that the mother of the
complainant executed a power of attorney in
favour of the petitioner with regard to the
property in question.
It is submitted by the learned
counsel for the petitioner that after death
of the mother of the complainant, accused
no.1 executed rent agreement with regard to
the property on 02.05.2009 in favour of
accused no.2.
On bare perusal of the averments of
the complaint itself, it appears that no
case is made out since after death of
original landholder the power of attorney
became ineffective. It is also submitted
that title suit is pending between the
parties.
2
Considering the aforesaid facts, let
the petitioner, above named, be released on
bail in the event of arrest or surrender
before the learned court below within a
period of twelve weeks from today in
connection with complaint case no. 825(C )
of 2010 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) with two sureties
of the like amount each to the satisfaction
of the learned C.J.M. Jamui, subject to the
conditions as laid down under Section 438(2)
of the Code of Criminal Procedure.
U. K. ( Dinesh Kumar Singh, J)