IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24324 of 2010
SUDHIR KUMAR @ SANJEET KUMAR
Versus
STATE OF BIHAR
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3 23.09.2010. Heard learned counsel for the parties.
The petitioner has been made accused in a case under
sections 420,467,468,471/34 of the I.P.C
The informant stated that his father Late Ranjandhari
Sharma died in 2002 leaving behind two other sons, namely,
Kundan Sharma and Nagendra Sharma. Nagendra Sharma was
weak and of feeble mind besides being illiterate. One Shailendra
Sharma managed fabricated power of attorney from
informant’s brother, namely, Nagendra Sharma and this petitioner
obtained sale deed regarding landed property of informant and
others.
Petitioner submits that he is purchaser from one
Shailendra Sharma who was holding due power of attorney from
Nagendra Sharma on adequate consideration. He submits that the
allegation that he is in league with Shailendra Sharma is false. He
further submits that a title suit bearing No. 105/2010 dated
26.4.2010 for cancellation of fabricated power of attorney has
already been filed by the informant in the Civil Court. He also
submits that dispute, if any, would be of a civil nature.
Sri P.N. Shahi, learned counsel appearing for the
informant opposed the prayer for bail. He submits that this
petitioner who managed grant of power of attorney from
2
Naagendra Sharma in favour of his own man Shailendra Sharma.
He further submits that on basis of fake power of attorney
Shailendra Sharma even sold land which did not belong to
Nagendera Sharma in favour of petitioner. In fact, no
consideration money was paid by the petitioner and entire
transaction was sham.
Both the informant and State counsel submit that the
supervising officer has too opined that petitioner has been
indulging in such nefarious activities in the past. However, they
have not been able to point out any regular case instituted against
him. State counsel submits that the Supervising officer has
observed that the petitioner has been found to have indulged in
such activities in the past as well.
In the facts and circumstances of the case, let the
petitioner as above be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each, one of which would be in form of cash surety, to the
satisfaction of the Chief Judicial Magistrate, Patna in Naubatpur
Police Station case no. 163 of 2010.
Petitioner would not absent physically for more than
two consecutive dates at a stretch, till three witnesses are
examined in trial, otherwise his bail bond would be cancelled and
he would be taken into custody.
Shashi. (Samarendra Pratap Singh, J.)