IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31130 of 2009 JAI SHANKAR KUMAR Versus STATE OF BIHAR ----------- 3. 28.10.2009 None appears. Heard the learned A.P.P. for the State. The allegation is that after having entered into an agreement to sell a particular land as per description in the FIR and also having received part payment of the consideration money by the cash being credited into the account of one of the family members of the petitioner, the petitioner did not transfer the land. It was found out by the informant that in fact the land was in exclusive possession of one Vivekanand Kumar and it was never in possession of the petitioner and so he never transfer the possession of the land to the petitioner. The rejection order contains the defence of the petitioner and it is indicated that the petitioner has taken a stand that he had entered into an agreement to sell the land because that was allotted to his share in the family partition and it was not false that it was recorded in the name of Vivekanand Kumar one of - 2 - his co-sharers. It was further contended by the petitioner that he was very much in possession of the land and was ready to sell it and has intentionally and knowingly entered into an agreement and sell the property and as such had not any offence on account of lack of criminal intent. The petitioner also pleaded the whole dispute as of civil nature. Regard being had to the above facts and circumstance and the contention of the learned A.P.P., let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Motihari, East Champaran in Chiraiya P.S.Case No.129 of 2009. B.Kr. ( Dharnidhar Jha, J. )