Jaya Roy, J. - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State. The petitioner is apprehending his arrest in this case which has been registered for the offence committed under Sections 419/420/467/468/471/120B of the I.P.C. in connection with Dhanbad P.S.Case No. 659 of 2011, corresponding to G.R. No. 2666 of 2011, pending in the court of Chief Judicial Magistrate, Dhanbad.
(2.) THE prosecution case in brief is that the informant is a co -owner of the land measuring 15.42 decimals bearing Mauza No. 51 Khata No. 80, Plot No. 1037,1026 and the same has been purchased by him through power of attorney holder namely Bijay Shankar Prasad vide deed dated 9.5.11 and rectification deed dated 1.7.11. The said land of question was initially belonged to family of one Muneshwar Yadav. The title for which was given to him by order of the court and the petitioner and others in conspiracy with each other purchased the same land by manipulating the document and forging it and sold it to one Pratap Parui. The learned counsel for the petitioner has submitted that F.I.R has been lodged on the basis of the complaint petition filed by the complainant/ informant but though the petitioner named in the complaint petition but in the contents of the complaint petition there is no allegation made against him. It is further contended that the petitioner has only identified his father Birendra Kumar Bhatia.
(3.) THE learned counsel for the State has opposed but not disputed the aforesaid submission made by the counsel of the petitioner. Considering the facts that there is no allegation against the present petitioner in the contents of the complaint petition, I direct the petitioner above named, to surrender in the court below within a period of one month from the date of this order. If the petitioner surrenders within the said period, the trial court is directed to release the petitioner namely Mahesh Bhatia, on bail on furnishing bail bond of Rs. 10,000/ -(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Dhanbad in connection with Dhanbad P.S. Case No. 659/11 corresponding to G.R. No. 2666/11, subjected to the condition that the bailers will be local resident having immovable property within the jurisdiction of the District concerned and also subject to the conditions laid down under Section 438(2) of the Cr.P.C.;