Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9694 of 2020 Arising Out of PS. Case No.-149 Year-2014 Thana- GUTHANI District- Siwan ====================================================== PAWAN KUMAR YADAV Son of Ram Ekbal Yadav Resident of Village - Tali Bujurg, P.S.- Guthani, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Advocate.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 465, 467, 468, 471 and 120 B of the Indian Penal Code. The prosecution case, in brief, is that the informant filed a Complaint Case No.1753 of 2014 in the Court of learned C.J.M., Siwan on 01.07.2014, alleging therein that on 24.06.2014, he informed by Omkar Tiwari that in between 28.05.2014 to 02.06.2014 accused Manju Devi @ Lakhi Devi executed a sale deed in favour of the petitioner with respect to land of informant in collusion with Ramesh Dubey, Bhim Yadav and Bramha Bhagat. Thereafter, he obtained certified copy of sale deed and came to know that the land of the informant which

Patna High Court CR. MISC. No.9694 of 2020(2) dt.22-06-2020 2/2 he along with his brother obtained from Suryalal Dubey through a Will dated 11.08.1991.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. There is admitted civil dispute between the parties and in retaliation thereto, this false and frivolous case has been lodged against the petitioner and others. It is also submitted that similarly situated co-accused, namely, Bhima Yadav and Ramesh Yadav has been granted privilege of bail by the learned Court below. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Guthani P.S. Case No. 149 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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