Vijay Yadav @ Vijay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12539 of 2024 Arising Out of PS. Case No.-980 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.
VIJAY YADAV @ VIJAY KUMAR YADAV S/O RAJENDRA RAI R/O VILLAGE- KATSA TOLA, P.S- BHELDI, DISTT.- SARAN AT CHAPRA. 2.
ABHAY YADAV @ ABHAY KUMAR YADAV S/O RAJENDRA RAI R/O VILLAGE- KATSA TOLA, P.S- BHELDI, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
KAPIL MUNI YADAV S/O SURAJ DEV YADAV R/O MOHALLASALAPATGANJ GUI, P.S- BHAGWAN BAZAR, DISTT.- SARAN AT CHAPRA.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh For the Opposite Party/s :
Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-03-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 980 of 2022, disclosing offences under Sections 406/420/34 of the Indian Penal Code.
3. The prosecution case, as per the complaint, is that the petitioners have allegedly sold the trucks of the complainant alongwith sand laden on it.
4. Learned Counsel for the petitioners submits that the petitioner no. 1 is son-in-law of the complainant and the
Patna High Court CR. MISC. No.12539 of 2024(2) dt.14-03-2024 2/3 petitioner no. 2 is brother of the petitioner no. 1. The petitioner no. 1 has been implicated in this case due to previous family dispute. He next submits that earlier also First Information Report, bearing Bhagwan Bazar Police Station Case No. 297 of 2021, was lodged by the wife of the petitioner no. 1 against the petitioner and his family members, which was found to be false and the police has submitted the closure report. According to the petitioners, the trucks were very old and have been disposed by the complainant himself.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner no. 1 is son-in-law of the complainant and there appears to be family dispute amongst them, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra, in connection with
Patna High Court CR. MISC. No.12539 of 2024(2) dt.14-03-2024 3/3 Complaint Case No. 980 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T