Chandeshwar Pd. Yadav @ Chandeshwar Prasad Yadav @ Chandra Shekhar Rai @ Chandeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7786 of 2023 Arising Out of PS. Case No.-390 Year-2019 Thana- NAGAR District- Vaishali ====================================================== 1.

CHANDESHWAR PD. YADAV @ CHANDESHWAR PRASAD YADAV @ CHANDRA SHEKHAR RAI @ CHANDESHWAR RAI Son of Late Krishna Rai @ Asharfi Rai R/O Village - Dighi Kala West, Lalpokhar Chak Jagdishpur, P.S.- Hajipur Sadar, District - Vaishali 2.

Satyajeet Prakash @ Shahansha Son of Chandrika Rai R/O Village - Dighi Kala West, Lalpokhar Chak Jagdishpur, P.S.- Hajipur Sadar, District - Vaishali 3.

Arman Rakesh Son of Raghunath Pd. Rakesh @ Raghunath Prasad Rakesh R/O Village - Dighi Kala West, Lalpokhar Chak Jagdishpur, P.S.- Hajipur Sadar, District - Vaishali 4.

Subhash Chandra Son of Chandeshwar Pd. Yadav @ Chandeshwar Prasad Yadav @ Chandra Shekhar Rai @ Chandeshwar Rai R/O Village - Dighi Kala West, Lalpokhar Chak Jagdishpur, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.4, as the petitioner no.4 has already been arrested by the police, during pendency of this application.

Permission is granted.

Accordingly, the instant application is dismissed as

Patna High Court CR. MISC. No.7786 of 2023(2) dt.23-03-2023 2/3 withdrawn as against the petitioner no.4.

Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.1, 2 & 3 only.

Heard learned counsel for the rest of the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 406, 467, 468 and 120(B)/34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 is said to have conspirator in this case in which the petitioners no.2 & 3 are the witness of the sale deed. He further submits that similarly situated other co-accused persons have already been granted bail by a bench of this Court vide order dated 01.03.2021 passed in Cr. Misc. No. 16456/2020. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail.

Patna High Court CR. MISC. No.7786 of 2023(2) dt.23-03-2023 3/3 Considering the aforesaid facts and circumstances, let the petitioners no.1, 2 & 3, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Hajipur Town P.S. Case No.390/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T