Yunush Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23811 of 2023 Arising Out of PS. Case No.-632 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Yunush Gaddi Son Of Late Harivansh Gaddi R/V- Maujauna, P.S- Gopalpur, Dist-West Champaran 2.

Chandmal Gaddi Son Of Late Harivansh Gaddi R/V- Maujauna, P.SGopalpur, Dist-West Champaran ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the State :

Mr.Dinesh Singh, Addl Public Prosecutor for the informant Mr. G.Tiwari and Y.Tiwari, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 420, 467, 468, 471 & 120B of the IPC.

As per the prosecution case, co-accused Yogendra Mani Tripathi sold informant's land in favour of Yunus Gaddi (petitioner no.1), Chandmal Gaddi (petitioner no.2), Idrish Gaddi and Raghumal Gaddi for consideration amount of Rs.1,51,000/- vide registered sale deed.

Learned counsel appearing for the petitioners submits that the petitioners are bona fide purchaser of the land in question. Petitioners purchased the land after paying due

Patna High Court CR. MISC. No.23811 of 2023(2) dt.27-06-2023 2/2 consideration money. Petitioners are in possession over the land. No case is made out under sections 420/467/468/471 of the IPC as petitioners are not vendors. Petitioners claim clean antecedent.

Learned counsel for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Shikarpur Police Station Case No. 632 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T