Birbahadur Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27954 of 2015 Arising Out of PS.Case No. -274 Year- 2007 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Birbahadur Yadav of Sudarshan Yadav Resident of Village Birbat, P.S. Vijaypur District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. yasin Ansari Son of Karamdeen Ansari resident of Village Birbat, P.s vijaypur,District Gopalganj.

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Duresh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case for the offences under Sections 348, 385 and 420/34 of the Indian Penal Code.

The prosecution story, in brief, is that on the alleged date and time of occurrence, petitioner along with coaccused Sudarshan Yadav came to the complainant and told that his father has called him. The complainant accompanied the accused persons to meet his father and when they reached near Vijaipur, the accused tied the hand and legs of the complainant on the point of dagger and brought him to village Choumukha where 10-11 persons also joined the accused. Thereafter the accused persons brought him near the river and gave him threatening to cut his body into pieces if he does not execute the sale deed. When he became helpless he got sale deed executed regarding land of Khata no. 10, plot no.244, area 45 decimals. After execution of sale deed

Patna High Court Cr.Misc. No.27954 of 2015 (2) dt.23-07-2015 2/2 the accused persons freed him.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. Further, it is submitted that Annexure 2 is the sale deed, which was executed by the complainant in favour of the petitioner and from perusal of sale deed it appears that there is no outstanding dues against the petitioner. The petitioner has got no criminal antecedent.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released 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 S.D.J.M., Gopalganj in connection with Complaint Case No.274/2007 ( Trial No. 1936 of 2014), subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T