High Court Patna High Court - Orders

Nagendra Prasad Singh @ Anr. vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Nagendra Prasad Singh @ Anr. vs The State Of Bihar on 24 October, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.34686 of 2011
                 1. Nagendra Prasad Singh S/O Late Hariharan Singh R/O Mohalla -
                 Ramji Chak, Bataganj, P.S. Digha, Distt. Patna
                 2. Raajev Ranjan Singh S/O Late Jitendra Singh R/O Mohalla - Ramji
                 Chak, Bataganj, P.S. Digha, Distt. Patna - Petitioners.

                                                 Versus
                                   1. The State Of Bihar - Opp. Party.

2   24.10.2011

Heard the parties.

The petitioners who apprehend their arrest were the

owners of the land. The petitioners’ father entered into an

agreement with accused no.4 to sell the land. After that the

petitioners took the consideration money from the complainant

and executed a power of attorney. It appears that the complainant

and accused no.4 are connected in some manner. It is further

submitted that they are the partners. It later transpired that the

petitioners sold the land to accused no.4 which has led to the filing

of this case. The complainant’s wife has file T.S. No. 377/2011

before the Sub Judge I, Patna claiming possession and also

claiming that she may not be disturbed as she has already obtained

possession of the land.

The State counsel submits that the petitioners have

created confusion by executing the power of attorney in favour of

the complainant and at the same time executing a sale deed in

favour of Laxman Prasad.

Counsel for the petitioners submits that accused no.4

Laxman Prasad and the complainant had entered into a partnership

to purchase the land jointly.

Since a suit is already pending in which the petitioners
2

are party, I direct that they should be released on anticipatory bail

in the event of their arrest or surrender within six weeks, in

Complaint Case No. 83©/2010 on furnishing bail bonds of rupees

ten thousand each with two sureties of the like amount each to the

satisfaction of the Judicial Magistrate, 1st class, Patna, subject to

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

haque                              ( Sheema Ali Khan, J .)