Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.994 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- DELHA District- Gaya ====================================================== Rajesh Yadav Son Of Basudev Yadav Resident Of Village - Parariya, Police Station- Magadh University, District - Gaya.

... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Raushan Kumar Son of Late Hari Choudhary Resident of Village - Barki Delha, Police Station - Delha and District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manish Kumar No2 For the Informant :

Mr. Abhinash Kumar, For the State : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2022 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 10.02.2022 passed by learned Exclusive Special Judge, 83 of 2021 instituted for the offences punishable under Sections 406, 420 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected.

It is alleged by the informant that he had made

Patna High Court CR. APP (SJ) No.994 of 2022(3) dt.10-11-2022 2/3 an agreement with the accused persons to sell his land for a consideration amount of Rs. 12,50,000/-. The accused gave Rs. 50,000/- in cash and for the rest of money, they gave two cheques of Rs. 2,00,000/- each but only one cheque was encashed and rest cheques got bounced and when the informant demanded rest of the amount, the accused persons abused him by calling his caste name and they also threatened of dire consequences.

It is submitted by learned counsel for the appellant that both sides have amicably settled their disputes.

Leaned counsel appearing on behalf of the informant does not controvert the version of the counsel for the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 10.02.2022 passed by learned Exclusive Special Judge,

Patna High Court CR. APP (SJ) No.994 of 2022(3) dt.10-11-2022 3/3 83 of 2021.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on their furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Exclusive Special Judge, 83 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T