2025:JHHC:11489 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5986 of 2024 ------ Rakesh Kumar Pathak @ Bambam Pathak. … … Petitioner Versus 1. The State of Jharkhand. 2. Amita Devi, W/o Sri Murli Prasad. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sandip Kumar Burnwal, Advocate. For the State : Mrs. Shweta Singh, A.P.P. Mr. Pratiush Lala, Advocate Mr. Deepak Sahu, Advocate ----- 06/ 16.04.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 420, 406, 506 and 34 IPC. 3. Opportunity was given to the State to oppose the anticipatory bail application, which the State availed and opposed. 4. Learned counsel representing the informant submits that Mantu Modak, is alive, but mischievously has shown him to be dead. It has also been submitted that three cases are also pending against the petitioner. 5. It is alleged that the petitioner by virtue of a power of attorney, has sold land to different person including the informant. The Principal of power of attorney is one Chhaya Rakshit and in the said power of attorney, Chhaya Rakshit has stated that the land belongs to her maternal grandfather namely late Mantu Modak and she has inherited the property as Mantu Modak is dead. 2025:JHHC:11489 2 The allegation is that Mantu Modak is alive and by showing him dead, this power of attorney was prepared and on the basis of the said power of attorney, the land of Mantu Modak is being sold. It is the case that by virtue of this power of attorney, the land has been sold not only to the informant but also to several other persons also. 6. The power of attorney along with all the documents have been placed on record. 7. On query, learned counsel representing the petitioner submits that this petitioner is no way related with Chhaya Rakshit who is the Principal of the power of attorney. In the power of attorney, Chhaya Rakshit has declared that Mantu Modak is dead but later on it came to light that Mantu Modak is alive and he has also filed cases alleging that his land is being sold fraudulently. 8. Fact remains that the petitioner has acted pursuant to the power given to him. There is nothing to suggest that the petitioner has connived in showing Mantu Modak, as dead. So far as pendency of other cases against this petitioner is concerned, since the land is sold to several persons, by virtue of one Power of Attorney, there bound to be several cases, as Power of Attorney is same. Thus, this Court finds it a fit case for grant of anticipatory bail to the petitioner. 9. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of 2025:JHHC:11489 3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dhanbad, in connection with Dhanbad P.S. Case No.221 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Prashant. Cp-3