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Patna High CourtCR. MISC./19494/2024allowed

Neel Kamal Yadav v. The State Of Bihar

2024-10-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19494 of 2024 Arising Out of PS. Case No.-262 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== NEEL KAMAL YADAV SON OF LAXMI YADAV @ SRI LAKSHMI YADAV R/O-AJNI WARD NO. 10, P.S.-KHODAWANDPUR, (CHHOURAHI O.P), DISTT.-BEGUSARAI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raman Kumar S/o Deepak Kumar Singh R/o - Address - Additional District and Session Judge, Madhepura, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Anurag For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2024 Heard learned counsels for the parties.

2.

Despite valid service of notice, nobody appeared on behalf of the O.P. No.2.

3.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 188, 379 and 34 of the Indian Penal Code.

4.

As per the FIR, the petitioner and other co-accused persons tried to take over the possession of the informant's land. 5.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific

Patna High Court CR. MISC. No.19494 of 2024(4) dt.18-10-2024 2/2 overt act against the petitioner. There is an admitted land dispute between the parties and a title suit no.52 of 2015 is pending in the Court below. Petitioner has two criminal antecedent. 6.

Learned APP for the State opposed the prayer for anticipatory bail.

7.

Having regard to the facts and circumstances of the case as this is a case of civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her 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 court below where the case is pending/Successor Court in connection with Khodawandpur P.S. Case No.262 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T