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2025 DAILYLAW 9728 (JHR)

VIJAY SINGH v. THE STATE OF JHARKHAND

A.B.A./2350/2025 · 2025-04-23

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:11982 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2350 of 2025 Vijay Singh, son of Badri Narayan Singh, resident of village Jobhi Pipradih, P.O Chhachhando & P.S. Madhuban, District- Giridih, Jharkhand .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : M/s Rishu Ranjan and C. Bhadoria, Advocates. For the State : Mr. Tarun Kumar, A.P.P For the informant : Mr. Rajesh Kumar, Advocate. …..... 03/23.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 420, 467, 468, 471, 504 and 506 IPC. 2. Heard learned counsel for the parties at length and gone through the documents, annexed along with this application. 3. Learned counsel for the petitioner submits that the petitioner is merely a power of attorney holder and in terms of power of attorney, he sold the land to several purchasers. 4. Learned counsel for the informant submits that the land belongs to trust namely “Terahpanthi Koti” managed by the informant Nemi Chand Jain. He submits that the land of the said trust is being sold to several persons by this petitioner by virtue of power of attorney. He submits that the Principal is not the land owner, thus he could not have executed any power of attorney in favour of the petitioner to sell the land and the sale of entire land is bad. 5. After hearing the parties, I find that admittedly the petitioner is a power of attorney holder and the said power of attorney was given by co-accused. The petitioner, by virtue of power of attorney has sold the land to the purchasers. 6. Whether the title has been transferred or not is a matter of civil dispute. Merely, executing a sale deed does not amount to confirment of title, if the person, who is selling the land himself does not have the proper title. The sale deed then is nothing but a mere piece of paper. 7. Considering the fact that the dispute is civil in nature, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Giridih in connection with Giridih Town P.S. Case No. 117/2024, subject to condition that one of the bailers should be 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. Anu/-C.P.-3 (ANANDA SEN, J.)