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2025 DAILYLAW 27503 (JHR)

SANTOSH KUMAR SAHU v. THE STATE OF JHARKHAND

B.A./9468/2024 · 2025-01-13

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9468 of 2024 Santosh Kumar Sahu, aged about 25 years, son of Sukhdeo Sahu, resident of village- Pithoria, P.O. + P.S.- Pithoria, Dist.- Ranchi … Petitioner - Versus - The State of Jharkhand … Opp. Party WITH B.A. No. 10308 of 2024 Vikash Kumar @ Vikash Kumar Sahu, aged about 34 years, son of Sukhdeo Sahu, resident of Near Kisan Chowk, Kirtan Mandi, Pithoria, P.O. + P.S.- Pithoria, Dist.- Ranchi … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioners : Mr. Mahesh Tewari, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P. : Mr. P. K. Chatterjee, Spl. P.P. For the Informant : Mr. Rishu Ranjan, Advocate --- Reserved on 20.12.2024 Pronounced on 13.01.2025 Both these Bail Applications arise out of same police case. Accordingly, both these Bail Applications are being disposed of by a common order. Heard the parties. The petitioners have 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 Smt. Kanchan Kumari, 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. Brother of the informant had issued power of attorney in favour of the informant. However, co-accused persons by making forged and fabricated power of attorney, sold the land appertaining to Plot No.142 under Khata No. 10 and Plot No.160 -2- under Khata No.11, ad-measuring 2 acres 55 decimals to Santosh Kumar Sahu. It is alleged that co-accused Samir Kumar Bose while impersonating himself as Prashant Kumar Ghosh, had issued fake power of attorney with regard to the aforesaid lands in the name of the petitioner Vikash Kumar @ Vikash Kumar Sahu and this petitioner sold the aforesaid land to the petitioner Santosh Kumar Sahu. Mr. Mahesh Tewari, learned counsel for the petitioners submitted that the present petitioners have also been cheated by co-accused Samir Kumar Bose who impersonating himself to be Prashant Kumar Ghosh, had issued fake power of attorney to the petitioner Vikash Kumar @ Vikash Kumar Sahu, who in turn sold the aforesaid land to the petitioner Santosh Kumar Sahu. It was further submitted that the petitioner Santosh Kumar Sahu had purchased the aforesaid lands for Rs.19 lakhs. It was also submitted that there has been no delivery of possession of the said land to the petitioner Santosh Kumar Sahu and as such, the entire transaction is merely a paper transaction. From the perusal of the sale deed brought on record, it appears that the petitioner Santosh Kumar Sahu has purchased the aforesaid land for a consideration amount of about Rs.19,44,500/-. Learned counsel for the informant has vehemently opposed the prayer for bail, but admitted that the petitioner Santosh Kumar Sahu is not in possession of the said land, rather the owner of the land is still in the possession of the same. In view of the submissions made above, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of Smt. Kanchan Kumari, learned Judicial Magistrate, 1st Class, Ranchi or her successor, in connection with Pithoria P.S. Case No.84 of 2023. (Ambuj Nath, J.) Jay/-