Allowed

Shanker Giri v. the State of Bihar

Patna HC10 Jan 2013CR. MISC./16498/2012

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a cheating and criminal conspiracy case, conditioning release on filing a mutation application and providing an affidavit confirming title.

What did the court decide?

Petitioner released on anticipatory bail by furnishing a bond of Rs. 10,000 with two sureties, subject to undertaking to file a mutation application and affidavit.

Shanker Giri Vs the State of Bihar — Contract and Commercial Disputes | Patna HC (2013)

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Patna High Court Cr.Misc. No.16498 of 2012 (7) dt.10-01-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16498 of 2012

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	====================================================== Shanker Giri .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ashrar Ahmad .... .... Opposite Party/s ======================================================
	CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
07/	10-01-2013 Heard learned counsels for the petitioner,
	the State and the complainant.

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The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under Sections 420, 406, 465, 468 and 120B of the Indian Penal Code.

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It is alleged that the petitioner sold the land to the complainant which was earlier sold by the ancestor of the petitioner to someone else.

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It is submitted by learned counsel for the petitioner that the petitioner sold his share of the land and ready to give undertaking that his share of the land has not been sold by his ancestors and it is submitted that the complainant is cultivating possession of the land purchased by him whereas it is

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Patna High Court Cr.Misc. No.16498 of 2012 (7) dt.10-01-2013

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submitted by learned counsel for the complainant that

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the land has been mutated in the name of another person by virtue of the sale made by the ancestor of the petitioner.

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The petitioner undertakes to file appropriate application before the Revenue Authority that the petitioner has sold his own share of the land to facilitate the mutation of the complainant and in any future proceeding either civil or criminal the complainant undertakes to file affidavit that he owns the property which has sold by him in favour of the complainant.

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On filing of such affidavit before the learned court below which will be transmitted to the concerned police station by the learned court below, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Siwan in connection

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Patna High Court Cr.Misc. No.16498 of 2012 (7) dt.10-01-2013

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with Complaint Case No. 261 of 2011, Trial No. 2016 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J.)

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DKS/

Shanker Giri v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shanker Giri v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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