IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13297 of 2011 MD. RIZWAN Versus THE STATE OF BIHAR ----------- 2 12.05.2011 Counter affidavit is filed on behalf of the informant. Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. It is stated that the informant executed a Power of Attorney in favour of the petitioner but subsequently, he cancelled the aforesaid Power of Attorney by giving a notice to the informant. It is alleged that in spite of receiving the aforesaid notice, the petitioner transferred lands of the informant in favour of other persons. The contention of learned counsel for the petitioner is that admittedly, the Power of Attorney was executed by the informant through registered deed and it is well settled principle of law that registered deed cannot be cancelled merely by giving a notice. It is further contended by him that as a matter of fact, prior to execution of the said Power of Attorney, the informant had executed an agreement for sale in favour of the petitioner and had also taken Rs 28,000,00/- (twenty lacs) as earnest money. On the otherhand, learned counsel appearing for the informant submits that no doubt, registered deed cannot 2 be cancelled merely by issuing a notice but admittedly, after receiving the notice of cancellation, the petitioner executed sale-deeds in favour of other persons and the aforesaid act of the petitioner comes under the ambit of cheating. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Md. Rizwan be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Laheriasarai P.S. Case No. 114 of 2011 to the satisfaction of Chief Judicial Magistrate, Darbhanga. AKV/- ( Hemant Kumar Srivastava,J.)