Disposed

Ganesh Singh @ Ganesh Prasad Singh v. The State of Bihar

Patna HC20 Feb 2024CR. MISC./9332/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case alleging land was transferred by impersonating Ajay Mishra. Counsel argued petitioner no.1 was a bona fide purchaser. The court granted anticipatory bail on furnishing bail bonds with two sureties, subject to conditions under Section 438(2) Cr.P.C.

What did the court decide?

Anticipatory bail granted; release on arrest/surrender on Rs. 10,000 bonds each with two sureties, subject to Section 438(2) Cr.P.C. conditions.

Ganesh Singh @ Ganesh Prasad Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9332 of 2024

¶2

Arising Out of PS. Case No.-668 Year-2023 Thana- SAHARSA SADAR District- Saharsa

¶3

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

¶4

Ganesh Singh @ Ganesh Prasad Singh Son of Late Ramdev Singh Resident of Dhamsainee, Ward No.- 08, P.S. and District - Saharsa, Bihar - 850002.

¶5

Rajesh Kumar Raman Son of Surendra Jha Resident of A.T. Naya Bazar, Ward No.- 03, Kahara, P.S. and District - Saharsa, Bihar - 852201.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

¶12

2 20-02-2024

¶13

Heard learned counsel for the petitioners and learned

¶14

A.P.P. for the State.

¶15

2. The petitioners apprehend arrest in connection with Saharsa Sadar P.S. Case No. 668 of 2023 dated 23.09.2023, instituted for the offence punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.

¶16

3. The allegation against the petitioners is of getting transferred the piece of land of the informant by impersonating one Ajay Mishra.

¶17

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that petitioner no. 1 is the purchaser

¶18

Patna High Court CR. MISC. No.9332 of 2024(2) dt.20-02-2024 2/3

¶19

from Ajay Mishra who sold the land to the petitioner no.1 and petitioner no. 2 is the witness to the sale deed dated 16.09.2023. As per the F.I.R., the allegation against Ajay Mishra, who is claimed to be son of Ratneshwar Mishra. It is submitted that petitioners are also victim of the circumstances. It is further submitted that Ratneshwar Mishra had two wives, Premlata Devi and Veena Mishra. Ajay Mishra is son from the first wife Premlata Devi and informant is son of Veena Mishra from second wife. It is submitted that a divorce case was field which was ultimately decreed on 29.08.1988 between Ratneshwar Mishra and Premlata Devi. Learned counsel for the petitioners submits that Ajay Mishra has also right in the property left by Ratneshwar Mishra. The petitioners are bona fide purchaser for valuable consideration. Lastly, it has been submitted that they have no criminal antecedents.

¶20

5. On the other hand learned counsel for the informant vehemently opposed the prayer for anticipatory bail. It is submitted that the said Ajay Mishra who is the vendor of the sale deed under wrong Pan Card and Aadhar Card mentioned in the sale deed and executed the sale deed. Ajay Kumar Mishra has no right to sell the said property. It is also submitted that Gopal Bharti is only heir of Ratneshwar Mishra, therefore, he

¶21

Patna High Court CR. MISC. No.9332 of 2024(2) dt.20-02-2024 3/3

¶22

illegally sold the property of the informant.

¶23

6. Learned A.P.P. has opposed the prayer for bail of

¶24

the petitioners.

¶25

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection Saharsa Sadar P.S. Case No. 668 of 2023, they shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, subject to condition as laid down under Section 438(2) of the Cr.P.C..

¶26

(Khatim Reza, J)

¶27

prabhat/-

¶28

U T

Ganesh Singh @ Ganesh Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ganesh Singh @ Ganesh Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs Sri Suresh Prasad Chaurasiya

Jagdeo Das Vs the State of Bihar

Sunny Kumar Vs the State of Bihar

Balistar Yadav Vs the State of Bihar

Randhir Kumar @ Bhagat Vs The State of Bihar

Baby Devi Vs The State of Bihar