Jharkhand High Court
Ashwani Kumar Singh & Anr vs State Of Jharkhand & Anr on 11 January, 2011
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3391 of 2010
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1. Ashwani Kumar Singh
2. Suman Kumar Singh ... ... Petitioners
V e r s u s
The State of Jharkhand & Another ... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
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For the Petitioners : Mr. Shailesh, Advocate.
For the Complainant/O.P. no. 2 : Mr. Awnish Shankar, Advocate.
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04/11.01.2011Anticipatory bail application filed by Ashwani Kumar Singh and Suman Kumar Singh, is moved by Sri Shailesh, learned counsel for the petitioners and opposed by Sri Awnish Shankar, learned counsel for the Complainant / opposite party no. 2.
It appears that petitioners have entered into development agreement with the complainant on 03.02.2009. Whereas from perusal of Annexure4, it appears that the complainant and other cosharer executed irrevocable power of attorney in favour of one Sanjay Kumar Sinha and Sushil Kumar Tiwary on 25.04.2007. It also appears from Annexure5 that complainant and his cosharer had also entered into development agreement with one M/s Shanti Raj Homes on 11.03.2007. Thus, prima facie, it appears that before entering into an agreement with these petitioners, complainant and his cosharers made transaction of same land with other persons.
Considering the aforesaid facts and circumstances, I allow this anticipatory bail application and direct the petitioners to surrender in the court below by 21st of January, 2011 and in the event of their surrender, the learned court below is directed to enlarge them on bail on their furnishing bail bond of Rs. 10,000/(Ten Thousand) each with two sureties of the like amount each to the satisfaction of J.M., 1 st Class, Hazaribag, in connection with C.P. Case No. 1366 of 2009 (T.R. No. 486 of 2010), subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Prashant Kumar, J.) sunil/