Lorik Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12496 of 2025 Arising Out of PS. Case No.-135 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Indradev Yadav S/O Late Babaji Yadav R/V- Akonama, P.S- Kusheshwar Asthan, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11804 of 2025 Arising Out of PS. Case No.-135 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.
Lorik Yadav S/O Late Anand Yadav @ Late Anandi Yadav R/O VillageMahisaut, P.S- Kusheshwar Asthan, Distt.- Darbhanga. 2.
Ranjit Yadav S/O Late Anand Yadav @ Late Anandi Yadav R/O VillageMahisaut, P.S- Kusheshwar Asthan, Distt.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16929 of 2025 Arising Out of PS. Case No.-135 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Vijay Kumar Yadav Son of Dev Narayan Yadav Resident of VillageMahisout, P.S.- Tilkeshwar, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 12496 of 2025) For the Petitioner/s :
Mr. Ajay Kumar For the Opposite Party/s :
Mr. Amitesh Kumar
2/4 (In CRIMINAL MISCELLANEOUS No. 11804 of 2025) For the Petitioner/s :
Mr. Ajay Kumar For the Opposite Party/s :
Mr. Bharat Lal (In CRIMINAL MISCELLANEOUS No. 16929 of 2025) For the Petitioner/s :
Mr. Arun Kumar Tiwari For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2025
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 Kusheshwara Asthan Police Station Case No. 135 of 2019, disclosing offences under Sections 467, 468, 471, 120(B) of the Indian Penal Code.
3. As per the FIR, a plot having Khesra No. 109, 242, 29, Khata No. 237 (new), situated in Mauza Mehsaout alias Narkatiya Thana No. 232, PS Kusheshwara Asthan, District Darbhanga measuring area 23 bigha 15 katha was shown as Anawad Bihar Sarkar and was settled in the name of informant under Section 106 of the BT. Act and, subsequently, corrected in favour of informant and another villagers and they are in peacefully possession over the said land. It has been alleged in the FIR that the petitioners prepared a fake documents of the khatiyan, got it corrected in Suit No. 815/2004 and 3846/86 in their favour and on the basis of said forged documents the accused persons gave petition before the SHO, Tilkeshwar
3/4 Asthan and the C.O. get the said document inquired from the Asst. Bandobast Officer and informed that the documents were not issused from the office of Bandobast Officer.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case on the basis of concocted and false story. Learned counsel next submits that Khatiyan has been prepared in favour of the petitioner and case between the parties is pending before the Bihar Land Tribunal vide case no. 385 of 2021. A Title Suit No. 27 of 2023 pertaining to the land in question is pending between the parties before the Sub-Judge, Biraul. The proceeding under Section 144 of the Cr.P.C. is also going on between the parties vide MR Case No. 145 of 2022. Relying upon the order dated 19.02.2025 passed in Cr. Misc. no. 4014 of 2025, learned counsel submits that similarly situated co-accused persons have been granted anticipatory bail in Cr. Misc. No. 4014 of 2025, dated 19.02.2025, by a Co-ordinate Bench of this Court.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is land dispute between the parties and the similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the
4/4 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 Sub-Divisional Judicial Magistrate, Biraul, Darbhanga, in connection with Kusheshwara Asthan Police Station Case No. 135 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T