Petitioner in a cheating case apprehending arrest sought bail. The court noted the dispute involved civil aspects regarding a power of attorney and sale deed. The court granted bail contingent on surrender within four weeks.
Petitioner enlarged on bail for 4 weeks upon surrender, furnishing bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1954 of 2019
Arising Out of PS. Case No.-61 Year-2018 Thana- BUXAR District- Buxar
======================================================
Vijay Kumar Singh, Son of Vashishtha Singh, Resident of Village Puraini Kla, P.S. Rajpur, District Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar For the Opposite Party/s : Mr.Sri Harendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 23-01-2019 Heard both sides.
Petitioner apprehends his arrest in Buxar (Town) P.S. Case No.61 of 2018 registered under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
The informant alleged that the petitioner fraudulently got a power of attorney from Shambhu Singh and Jagdish Singh by impersonating them and executed sale deed with regard to the land of Shambhu Singh and Jagdish Singh in favour of Mahendra Singh.
Learned counsel for the petitioner submits that Shambhu Singh and Jagdish Singh executed power of attorney in favour of the petitioner and only then the petitioner executed the sale deed in favour of Mahendra Singh with regard to the land of Shambhu Singh and Jagdish Singh. Shambhu Singh put
Patna High Court Cr.Misc. No.1954 of 2019(3) dt.23-01-2019 2/2
his signature on the power of attorney. The dispute is of civil nature.
Considering the facts that the petitioner asserts that Shambhu Singh and Jagdish Singh executed the power of attorney in his favour and only then he executed the sale deed with regard to the land of the informant, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Buxar (Town) P.S. Case No.61 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail given his assertion that the sale deed was executed based on a valid power of attorney.
Whether the nature of the dispute is of civil origin affecting the grant of bail in a cheating case.
2 provisions across 2 enactments
Vijay Kumar Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
