Bijendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11167 of 2017 Arising Out of PS.Case No. -249 Year- 2016 Thana -MANSI District- KHAGARIA ======================================================

1. Bijendra Yadav,

2. Ranveer Yadav, Both sons of Late Dhaneshwar Yadav,

3. Shambhu Yadav, son of Late Kamleshwari Yadav,

4. Pappu Yadav, son of Umesh Yadav, All resident of Village- Rajajan, P.S.- Mansi, District- Khagaria.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ranjeet Kumar Singh, Advocate.

For the Opposite Party : Mr. Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2017 Heard both sides.

The petitioners apprehend their arrest in Mansi P.S. Case No. 249 of 2016 registered for the offences punishable under Sections 387, 427, 385 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant named the petitioners and alleged that he purchased the lands of Khata No. 827, Khesra No. 276, area one acre, one kattha and 14 dhurs and also got his name mutated. The informant sowed wheat crops, but the accused persons came and demanded extortion for taking possession over the land. Learned counsel for the petitioners submits that the petitioners have filed supplementary affidavit annexing the sale deeds. The petitioners purchased the land from the owner of the land from

Patna High Court Cr.Misc. No.11167 of 2017 (3) dt.04-04-2017 2/2 1985 to 1996 through different sale deeds. There is a bona fide land dispute between the parties and in order to settle the score the informant lodged this false and frivolous case.

On the other hand, learned counsel for the informant as well as learned APP opposed the prayer for anticipatory bail and submitted that the petitioners purchased four acres of land in the aforesaid plot and the informant also purchased the land from the same plot from side but the petitioners wanted to dispossess the informant. The witnesses have also supported the case.

Considering the facts aforesaid and the fact that there appears a bona fide land dispute between the parties the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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, Khagaria in Mansi P.S. Case No. 249 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.) KKSINHA/- U T