2025:JHHC:17365 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.541 of 2025 ------ 1. Shalini Priya, W/o Kundan Kumar 2. Kundan Kumar, S/o Mohan Mistri .… … Petitioners Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Avilash Kumar, Advocate Mr. Sahil, Advocate For the State : Mrs. Bandana Sinha, A.P.P. Mr. Kumar Amit, Advocate ----- 05/ 01.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences under Sections 341, 323, 379, 467, 468, 471 and 427/34 IPC. 3. Learned counsel representing the petitioners submits that the dispute is civil in nature which relates to right, title and interest of the parties. He submits that the petitioners have purchased the land in question in the year 2014 by a registered sale deed. 4. Learned A.P.P. representing the State and learned counsel representing the informant oppose the prayer for anticipatory bail. The informant’s counsel submits that the said land was purchased in the name of wife of the informant in the year 1995 vide registered sale deed. Thus, they have a better title than the petitioners and it is alleged that the petitioners are trying to take possession forcibly. 5. From the submission of the parties and the documents, I find that prima facie the informant has purchased the land in the name of his wife in the year 1995 by a registered sale deed. The petitioners are claiming title over the land in question by virtue of a registered sale deed of the year 2014, which is definitely subsequent to that of the sale deed of 1995. Once a title has 2025:JHHC:17365 2 already been transferred in the year 1995 in favour of wife of the informant, the same prima facie cannot be transferred by the erstwhile owner of the land. Admittedly, there are two registered sale deeds. The documents cannot be said to be forged. The fact remains that the petitioners are claiming title over the land in question by virtue of a subsequent sale deed. What would be the effect of a subsequent sale deed and whether the same can actually transfer the right, title and interest, will be decided in a civil suit, which is admittedly pending between the parties. Thus, I am inclined to allow this application. 6. Accordingly, this Anticipatory Bail Application stands allowed. The petitioners, above named, are 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 their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned C.J.M. Koderma, in connection with Koderma P.S. Case No.119 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioners 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