IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7977 of 2024 Prabir Dey, age- 57 years, S/o late Nitia Dey, R/o 1 No. Freir Road, Naihati Road, P.O. & P.S.- Naihati, District- North 24 Pargana, West Bengal … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. Rahul Pandey, Advocate For the State : Mr. Pankaj Kr. Mishra, A.P.P. --- 06/30.01.2025 Heard the parties. The petitioner has been made accused in connection with Pithoria P.S. Case No.84 of 2023, for the offences registered under Sections 419, 420, 467,468,471,474,427,452,506 and 120B of the Indian Penal Code, pending in the court of Shri Ram Kumar Lal Gupta, learned Judicial Magistrate, 1st Class, Ranchi. The case of the prosecution is that elder brother of the informant namely Prashant Kumar Ghosh was the owner of the land appertaining to Khata Nos.10,11, 33, 29 corresponding to plot Nos.138, 139, 140, 142, 160, 161, 162, ad-measuring 7 acres 21 decimals. The petitioner is alleged to have executed forged and fabricated power of attorney by impersonating himself to be brother of the informant Prashant Kumar Ghosh in favour of Vikash Kumar Sahu and Chandrashekhar Kumar. The aforesaid land in turned was sold to several persons. It was submitted that the sale deed executed using the fake power of attorney was not acted upon and the brother of the informant is still in possession of the said land. This fact has been admitted by the learned lawyer appearing on behalf of the informant. Reliance has been placed upon the judgment of the Hon'ble Supreme Court reported in (2006) 5 SCC 353, wherein it was held that when the document is valid no question arises of its cancellation. When the document is void ab initio, a decree for setting aside the same would -2- not be necessary as the same is non est in the eye of the law, as it would be a nullity. It is admitted that the sale deed executed by the accused persons is void ab initio, as such, the right, title and possession of the actual owner has not come under cloud. In view of the submissions made above, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of Shri Ram Kumar Lal Gupta, learned Judicial Magistrate, 1st Class, Ranchi or his successor, in connection with Pithoria P.S. Case No.84 of 2023. (Ambuj Nath, J.) Jay/-