Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28201 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Mahendra Yadav, son of Late Prasadi Yadav, Resident of Village/MohallaBhatgama, P.S.- Chausa, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chousa P.S. Case No. 47/18 for offences punishable under Sections 365/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner had sold 3 kathas 3 dhurs of land to the informant 20 years back for a consideration amount of Rs. 6,000/-, but no registered document had been executed for sale. The informant time and again reminded him for the said registration but the petitioner did not do so. Recently, a four lane road has been constructed and some of the land has been taken by the Government for its construction for which the

Patna High Court Cr.Misc. No.28201 of 2018(2) dt.10-05-2018 2/3 compensation amount has also been taken by the petitioner. However, for the remaining part of the land when the informant asked the petitioner for registration, he refused. His son has also disappeared last night for which he has alleged that the petitioner along with two other co-accused might have kidnapped his son.

It has been submitted by the learned counsel for the petitioner that he is innocent, no agreement of any sort was there with regard to the land with the informant and that too 20 years back, petitioner bears no criminal history and only suspicion has been raised regarding kidnapping of his son by the informant. He submits that charge-sheet has already been submitted and the petitioner is languishing in judicial custody since 06.03.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Chousa P.S. Case No. 47/18, subject to the condition that one of the bailors would be a close relative of the petitioner

Patna High Court Cr.Misc. No.28201 of 2018(2) dt.10-05-2018 3/3 having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T