Ramchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5259 of 2022 Arising Out of PS. Case No.-28 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Ramchandra Yadav, Son Of Late Baldev Yadav Resident Of Village- Lalganj, P.S.- Chandauti, District- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Tabish Sharfuddin For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 447, 353, 384 and 188 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant, who is a Revenue Clerk (Rajaswa Karamchari), alleges that the petitioner was installing a pillar on the government land for constructing his house, which was objected by the S.H.O., Chandauti and the Circle Officer, but despite such objection on 19.01.2021, the petitioner again started construction work. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is

Patna High Court CR. MISC. No.5259 of 2022(3) dt.21-10-2022 2/2 next submitted that if the land is a government land and the petitioner is encroaching the same, then the Circle Officer has the requisite authority to issue notice and to remove the encroachment, but no notice ever has been issued against the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chandauti P. S. Case No.28 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T