2025:JHHC:17759 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1443 of 2025 ------ Vivek Kumar Sharma @ Vivek Kumar, son of Munni Prasad Sharma, resident of Runipur, PO and PS Akbarpur, District Nawada (Bihar) … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sahil, Advocate. For the State : Mr. Vishwanath Roy, A.P.P. For the Informant : Mr. Kumar Amit, Advocate ----- 04/ 03.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 341, 323, 379, 467, 468, 471 and 427/34 of the Indian Penal Code. 3. It is alleged that the land of the informant was fraudulently sold by this petitioner who is power of attorney holder of the raiyat. It is alleged that the other co-accused persons have entered the land, demolished the wall and tried to forcefully evict the informant. 4. Learned counsel for the petitioner submits that admittedly the petitioner is registered power of attorney holder of one Shekhawat Mian who is the owner of the land. He submits that as a power of attorney holder he has transferred the land to one Shalini Priya and the informant is trying to raise a title dispute over the property in question. 5. Learned counsel for the informant submits that in 1995 by a registered sale deed the informant has purchased the land. It is submitted that the same piece of land has been sold to the 2025:JHHC:17759 2 co-accused Shalini Priya by this petitioner by invoking power of attorney. He submits that Shalini Priya has also filed a case against this petitioner for the said transaction as she has been cheated of huge amount as the petitioner could not have sold the land to Shalini Priya when the same was already conveyed in favour of the informant. He submits that title suit in respect of the said land including prayer for cancellation of the sale deed has already been filed. 6. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 7. Considering the submissions of the parties, I find that the allegation against this petitioner is that he being the power of attorney holder of Shekhawat Mian has sold land to Shalini Priya. As per the informant the said land was earlier sold to the informant thus the same could not be sold again. Admittedly Shalini Priya has already filed a case against this petitioner as she felt cheated. Now the informant has also filed a case against this petitioner as according to him the land was already registered in his favour which was sold by this petitioner. The admitted fact is that there is a civil suit pending before the competent court wherein the right, title and interest of the parties are to be decided. Considering the fact that civil suit is pending which will predominate the criminal proceeding, I find it a fit case for grant of anticipatory bail to the petitioner. 8. 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 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned 2025:JHHC:17759 3 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 petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. 9. Further the petitioner will appear before the Investigating Officer and cooperate in the investigation till submission of the final report/chargesheet. (ANANDA SEN, J.) Tanuj/Cp-3