The High Court at Patna granted bail to petitioners facing arrest in a fraud case involving Power of Attorney regarding land, directing surrender within four weeks with a bond of Rs. 10,000 and two sureties.
Directing release on bail upon surrender within four weeks, bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30919 of 2014
Arising Out of PS.Case No. -6 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== 1. Bijay Manjhi Son of Shiv Nath Manjhi Resident of village- Khemaji Tola, Hem Nagar, P.S.- Chapra (Muffassil), District- Saran at Chapra (Bihar) 2. Binod Rai Son of Sri Bishwanath Rai Resident of village- Bichla Telpa, P.S.- Chapra (Town), District- Saran at Chapra (Bihar) .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Dashrath Mehta, (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 20-01-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Chapra Muffassil P.S. Case No. 06 of 2014 registered under Sections 420, 467, 468, 120(B) and 471 of the I.P.C. The accusation against the petitioners is that both got the Power of Attorney from Most. Girija Kuer, Bharat Manjhi and others in respect to the land which belongs to the informant. Learned counsel appearing on behalf of the petitioners submits that from the perusal of the F.I.R., it appears that the dispute is of civil nature. Moreover, after obtaining the
Patna High Court Cr.Misc. No.30919 of 2014 (2) dt.20-01-2015
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power of attorney from Bharat Manjhi and others, no piece of land has been transferred by the petitioners to anyone. It is also submitted that petitioners got the power of attorney from Bharat Manjhi and others in good faith and petitioners have no intention to cheat anyone. It is also submitted that Most. Girija Kuer and Munni Devi, who are also executants of power of attorney, have already been allowed anticipatory bail by a Bench of this Court on 22.09.2014 vide Cr. Misc. No. 24555 of 2014.
Having considered the facts and circumstances of the case, in the event of arrest or surrender before the Court below within four weeks from the date of receipt/production of the copy of this order, the above named petitioners are directed to 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 C.J.M., Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 06 of 2014, subject to the conditions as laid down under Section 438(2) of Cr. P.C.
(Rajendra Kumar Mishra, J.)
Shail/U T
1 issue framed by the court
Whether the petitioners ought to be released on bail after apprehending arrest in a criminal trial involving possession and transfer of land by attorney.
Bijay Manjhi
Binod Rai
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
