Allowed

Baidyanath Prasad and Ors. v. The State Of Bihar

Patna HC16 Apr 2015CR. MISC./33550/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to petitioners apprehending arrest in a complaint case involving land dispute allegations of impersonation and forgery, affording them four weeks to surrender on furnishing bail bonds and sureties subject to Cr.P.C. conditions.

What did the court decide?

Released on bail within four weeks of receiving the order by furnishing bail bonds and sureties under Section 438(2) Cr.P.C. with condition to appear on all dates fixed in the case.

Baidyanath Prasad and Ors. Vs The State Of Bihar — Cheating and Forgery | Patna HC (2015)

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Patna High Court Cr.Misc. No.33550 of 2014 (5) dt.16-04-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33550 of 2014

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Arising Out of PS.Case No. -821 Year- 2013 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA

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====================================================== 1. Baidyanath Prasad Son of Late Buddhu Sah

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Girija Devi Wife of Baidyanath Prasad

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Shambhu Kumar Son of Baidyanath Prasad All are resident of Chitragupta Nagar, P.S. - Chitragupta Nagar, District- Khagaria.

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.... .... Petitioner/s Versus 1. The State of Bihar. 2. Rajendra Sharma, Son of Late Tilak Sharma, resident of VillageRasauk, P.S. Morkahi, District- Khagaria.

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.... .... Opposite Parties. ====================================================== Appearance : For the Petitioners : Mr. Suresh Prasad Sharma, Advocate. For the State : Mr. Shardanand Jha, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER

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5 16-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioners are apprehending their arrest in connection with Complaint Case No. 821C of 2013, registered under Sections 420/34 of the Indian Penal Code.

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In the complaint petition, it is alleged that complainant purchased 1 Katha 5 dhoors land through registered sale deed from Bhuvneshwar Mishra on 08.05.1987 bearing Tauji No. 4958, Thana 268, Khata No. 150, Khesra No. 382. It is further alleged that from the eastern side of purchased land of the complainant, the petitioner Baidyanath Prasad purchased 1 Katha 5 dhoors land from Bhuvneshwar Mishra in the name of wife Girja Devi. After sometime, the complainant went to Uttranchal to earn his livelihood then petitioner, Baidyanath Prasad under a criminal conspiracy impersonated some persons in place of the complainant to execute sale deed of the land of the complainant in the names of Shiv Chandra Sharma and Manoj Kumar Singh on 30.10.1991 to the extent of an area 12 dhoors 10 dhoorki. Thereafter, Shiv

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Patna High Court Cr.Misc. No.33550 of 2014 (5) dt.16-04-2015

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Chandra Sharma and Manoj Kumar Singh again sold the aforesaid land through forged sale deed to Bhola Yadav and his wife Ghurni Devi. Again the petitioner Baidyanath Prasad got registered sale deed of the said land having an area of 12 dhoor 10 dhoorki in the name of his son Shambhu Kumar from co-accused Bhola Yadav and Ghurni Devi. When the complainant came from outside and tried to raise boundary over his land for the purpose of construction boundary wall then petitioner and his son obstructed the complainant claiming the land purchased by them and have title over it.

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Learned counsel for the petitioners submits that allegation is general and omnibus against the petitioners that petitioners were instrumental in impersonating someone in place of the complainant for executing the sale deed with regard to the land of complainant, but the allegation is general and omnibus as there is no specific allegation against these petitioners.

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Having regard to the facts and circumstances of the case, the above named petitioners in the event of their arrest/surrender within a period of four weeks from the date of receipt of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/(Ten thousand)each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate,1^st Class,Khagaria, in connection with Complaint Case No. 821C of 2013, subject to condition as laid down under Section 438 (2) of Cr.P.C. Further condition that petitioners will appear on each and every date fixed in this case.

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m.p.

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(Gopal Prasad, J)

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U T

Baidyanath Prasad and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Baidyanath Prasad and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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