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Patna High CourtCR. MISC./14658/2025allowed

Prem Prakash Yadav v. The State Of Bihar

2025-03-28Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14658 of 2025 Arising Out of PS. Case No.-16 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== Prem Prakash Yadav Son of Dhanbali Rai, Resident of Vill- Nasriganj, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rajiv Nagar P.S. Case No.16 of 2022 instituted under Sections 420, 467, 468, 470, 471, 120B, 307 of the Indian Penal Code and Section 27 of Arms Act and also Section 3 of Damage to Public Property Act.

3. As per the prosecution case, a written information was given by the Assistant Engineer posted at Digha Rajiv Nagar Camp Office, Bihar State Housing Board that some illegal construction is being made at Gandhi Nagar on the acquired land of Bihar State Housing Board. On 10.01.2022 the site was inspected by the Police personnel and nearby person

Patna High Court CR. MISC. No.14658 of 2025(2) dt.28-03-2025 2/3 disclosed that accused persons including the petitioner were making illegal construction on the land.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has neither made any construction on the alleged land nor has any concern with the land in question. Learned counsel submits that petitioner is the supplier of the raw material for construction work and he has no concern with the alleged construction made by the co-accused. He further submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to co-operate in the investigation.

4. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

5. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-III, Patna in connection with Rajiv Nagar P.S. Case No.16 of 2022, subject to the conditions laid down in

Patna High Court CR. MISC. No.14658 of 2025(2) dt.28-03-2025 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T