This single-judge order grants anticipatory bail to the petitioners in a cheating case involving a land sale dispute. The Court conditions release on filing a joint affidavit to cancel the sale deed within one week.
Granted anticipatory bail subject to execution of a joint affidavit cancelling the sale deed within one week.
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.17463 of 2023
Arising Out of PS. Case No.-500 Year-2022 Thana- UCHKAGAON District- Gopalganj
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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 21-04-2023
Heard Mr. Raghav Prasad, learned counsel appearing on behalf of the petitioner and Mr. Uday Chand Prasad, learned APP appearing on behalf of the State.
Patna High Court CR. MISC. No.17463 of 2023(2) dt.21-04-2023 2/4
Patna High Court CR. MISC. No.17463 of 2023(2) dt.21-04-2023 3/4
consideration that this dispute is purely civil in nature and the same can amicably settled by executing deed of cancellation by the petitioner along with his vendor with respect to the land in question.
Patna High Court CR. MISC. No.17463 of 2023(2) dt.21-04-2023 4/4
learned A.C.J.M.-IX, Gopalganj in connection with Uchkagaon P.S. Case No. 500 of 2022, subject to the condition as laid down
under Section 438(2) of the Cr.P.C.
disposed of.
(Purnendu Singh, J)
minu/nilmani U T
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner given the civil nature of the land dispute and willingness to execute a cancellation deed.
Whether the petitioner can be released on anticipatory bail upon filing a joint affidavit for cancellation of the sale deed.
2 provisions across 1 enactments
Bharat Singh
Jeetendra Singh
The State of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
