Prabhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3450 of 2020 Arising Out of PS. Case No.-72 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

PRABHU YADAV Son of Surya Yadav 2.

Bageshwar Yadav Son of Late Ranglal Yadav 3.

Nagendra Yadav Son of Late Baban Yadav All Resident of Village- Chatiya Diyar, P.S.- Malahi, District- East Champaran.

4.

Ashutosh Pandey @ Ashutosh Kumar Pandey @ Arun Pandey @ Arun Kumar Pandey @ Arun Tiwari Son of Late Bipin Pandey. 5.

Shambhu Tiwari @ Motor Tiwari Son of Late Nathuni Tiwari Both Residents of Village- Ejara Nawada, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv For the Opposite Party/s :

Mr.Uday Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420,385,504,506,34 of the Indian Penal Code.

The allegation is that land of the informant was purchased by the petitioner Nos.1 to 3 from the cosharer of the informant i.e. petitioner Nos.4 and 5 though father had already gifted the land through registered deed of gift to the son of the

Patna High Court CR. MISC. No.3450 of 2020(2) dt.21-01-2020 2/2 informant.

Considering the nature of dispute and the law that no one can get a better title than the vendor possesses, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Govindganj (Malahi) P.S.Case No. 72 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T