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Ajit Kumar @ Ajeet Kumar v. The State Of Bihar

Patna HC22 Jan 2019CR. MISC./74055/2018

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner apprehending arrest in a criminal case involving cheating and forgery. The court held the dispute to be of civil nature regarding succession to property and fixed a bail amount with conditions under Section 438(2) CrPC.

What did the court decide?

Petitioner released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount, subject to conditions under Section 438(2) CrPC.

Ajit Kumar @ Ajeet Kumar Vs The State Of Bihar — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74055 of 2018

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Arising Out of PS. Case No.-637 Year-2018 Thana- NAWADA District- Nawada

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======================================================

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Ajit Kumar @ Ajeet Kumar Son of Chandradeep Sinha @ Chandrika Singh, Resident of Village- Debaspura, Police Station- Katrisarai, District- Nalanda.

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... ... Petitioner/s

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Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr.Binod Kumar 2 ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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4 22-01-2019 Heard both sides.

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The petitioner apprehends his arrest in Nawada P.S. Case No.637 of 2018 registered under Sections 420, 468, 471 and 34 of the Indian Penal Code.

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The informant alleged that the lands of Khata No.4, area 15 acres 35 decimals was recorded in the name of Kanhai Singh and some lands were mutated in the name of Ganesh Shankar Vidyarthi vide Mutation Case No.20 of 1992-93. Kanhai Singh died issueless and the informant inherited the entire property but Ram Pravesh Singh, Chandrika Prasad Singh, Balmiki Singh, all three sons of Harihar Singh, Mani Devi and Rebi Devi executed a sale deed in favour of the petitioner and others.

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The learned counsel for the petitioner submits that the petitioner is a bonafide purchaser. The informant annexed

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Patna High Court Cr.Misc. No.74055 of 2018(4) dt.22-01-2019 2/2

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genealogy of Kanhai Singh on a plain paper but the petitioner appended genealogy of Kanhai Singh duly issued by the competent authority which is annexed at page 63 which shows that the vendors are the sons of brother of Kanhai Singh. It is submitted that petitioner is a purchaser and he did not commit any forgery or impersonation rather the petitioner purchased the land from one of the successors of Kanhai Singh and the dispute is of civil nature.

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Considering the aforesaid facts and the fact that the dispute appears to be of civil nature as the informant as well as vendors of the petitioner claimed to be the descendant of Kanhai Singh, let the 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 the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No.637 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Saurabh/- U T

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(Prabhat Kumar Jha, J)

Ajit Kumar @ Ajeet Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ajit Kumar @ Ajeet Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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