Sagar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17493 of 2021 Arising Out of PS. Case No.-33 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

Sagar Yadav Son of Brahmdeo Yadav Resident of Village - Chhoti Olpura, P.S.- Ghogha (Kahalgaon), Distt.- Bhagalpur.

2.

Indrajit Kumar @ Indrajit @ Prabhat Yadav Son of Upendra Yadav Resident of Village - Chhoti Olpura, P.S.- Ghogha (Kahalgaon), Distt.- Bhagalpur. 3.

Binit Kumar Son of Ravindra Yadav Resident of Village - Chhoti Olpura, P.S.- Ghogha (Kahalgaon), Distt.- Bhagalpur.

4.

Ravindra Yadav Son of Mahesh Yadav Resident of Village - Chhoti Olpura, P.S.- Ghogha (Kahalgaon), Distt.- Bhagalpur.

5.

Shahdev Yadav Son of Late Ram Yadav Resident of Village - Chhoti Olpura, P.S.- Ghogha (Kahalgaon), Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2021 Let the defects, as pointed out by the office, be removed when called upon to do so by the office. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered in connection with Kahalgaon ( Ghogha) P.S Case No. 33 of 2019 for the offences punishable under Sections 341, 323, 504, 506, 379, 387, 354B, 448, 147 of the Indian Penal Code.

Patna High Court CR. MISC. No.17493 of 2021(2) dt.13-12-2021 2/3 Learned counsel for the petitioners prays to withdraw the application for anticipatory bail of petitioner no. 4 Rabindra Yadav.

It is a case of assaulting, extortion of money and outrage the modesty of informant, namely , Binita Devi by the petitioners.

Learned counsel for the petitioners submits that there is land dispute between the parties and the prosecution party forcibly grab the land of petitioners by making pucca construction without demarcation of land. Twice the case was lodged against the petitioners. Specific allegation to outrage the modesty of informant is against petitioner no. 4 Ravindra Yadav. There is general and omnibus allegation of demand of extortion of money against the petitioners.

Learned A.P.P opposed the prayer for bail of the petitioners.

In the facts and circumstance of the case, let the petitioner nos. 1, 2,3 and 5 ( except petitioner no. 4), above named, in the event of their arrest or surrender before the Court Below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.17493 of 2021(2) dt.13-12-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S Case No. ( Ghogha) 33 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U T