Patna High CourtCR. MISC./13409/2019bail granted

Jai Prakash Yadav v. The State Of Bihar

2019-03-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13409 of 2019 Arising Out of PS. Case No.-367 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Jai Prakash Yadav, Son of Makhan Yadav, resident of village-Sishwa Bhumihar, P.S.-Yogapatti (Navalpur) District-West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Yogapatti P.S. Case No.367 of 2018, registered for the offence punishable under Sections 384, 386/34 of the Indian Penal Code.

The allegation has been made that all the accused persons including the petitioner were filling up soil over 8 Dhurs of land of the informant. However, a proceeding under Section 133 Cr.P.C. vide Case No.2445 (M) of 2013 was initiated in between the petitioner and the informant and the Sub-Divisional Officer vide order dated 17.01.2014 declared the possession of the petitioner. As per the petitioner, a civil suit is

Patna High Court CR. MISC. No.13409 of 2019(2) dt.07-03-2019 2/2 pending between the parties.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. Case no.367 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) V.K.Pandey/- U T