High Court Patna High Court - Orders

Md.Kamal &Amp; Ors vs State Of Bihar on 24 September, 2010

Patna High Court – Orders
Md.Kamal &Amp; Ors vs State Of Bihar on 24 September, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.23180 of 2010
                    1. MD.KAMAL
                    2. PHOTO YADAV @ RAGHUNANDAN YADAV
                    3. LALITA DEVI
                    4. MD. TANVEER ALAM
                                 ------------------------ PETITIONERS
                                              Versus
                                     STATE OF BIHAR
                                            -----------

3 24.9.2010 Heard learned counsel for the parties.

Petitioner no.4 is transferor while

petitioner nos. 1,2 and 3 are purchaser. Sale is

made claiming the land to be his own. If

petitioner no.4 has no right, title and interest

over the land in question, his dead is ab initio

void but can be decided by Civil Court.

Thus, having regard to the facts and

circumstances of the case, in the event of

arrest or surrender within one month from the

date of communication of this order, the above

named petitioners shall be released on bail on

furnishing bail bond of Rs. 10,000/-(ten

thousand) each with two sureties of the like

amount each to the satisfaction of Chief

Judicial Magistrate, Shekhpura in Barbigha P.S.

Case No. 194/09, subject to the condition as

laid down under section 438(2) Cr.P.C.

AI                                                          ( Mandhata Singh, J.)