Patna High CourtCR. MISC./30383/2014bail granted

Babu Ram Yadav And ANR v. The State Of Bihar

2015-01-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30383 of 2014 Arising Out of PS.Case No. -400 Year- 2012 Thana -SAHARSA District- SAHARSA ======================================================

1. Babu Ram Yadav, Son of Late Julmi Yadav

2. Naresh Prasad Yadav, Son of Rasi Yadav All are resident of village- Kedlipatti, P.S.- Nauhatta, District- Saharsa .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Saharsa P.S. Case No. 400 of 2012 registered for the offences punishable under Sections 420, 467, 468, 471, 472, 473 and 474 of the Indian Penal Code, seek the privilege of pre-arrest bail. Allegedly, the petitioner no. 1 got a sale deed executed in his favour on 01.10.2002, wherein the petitioner no. 2 is an identifier and it is alleged that by committing forgery the said sale deed was executed for the share of the land of the complainant also.

Submission is that the case has been lodged in the year 2012 after ten years, only with a view to harass the petitioners.

Patna High Court Cr.Misc. No.30383 of 2014 (2) dt.22-01-2015 The dispute is purely of civil nature and as such, the petitioners deserve sympathetic consideration, to which the learned A.P.P. fairly submits that after ten years of the execution of the sale deed, the case has been lodged.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 400 of 2012, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T