Govardhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21786 of 2023 Arising Out of PS. Case No.-1747 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Govardhan Yadav S/O Late Yadunandan Yadav Resident Of Village- Yadopur, Sukul Tola, P.S.- Yadopur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nandlal Yadav S/O Late Nagina Yadav Resident Of Village- Yadopur Sukul Tola, P.S.- Yadopur, District- Gopalganj.

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

For the Petitioner/s :

Mr. Mani Bhushan Kr. Singh Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. In spite of valid service of notice and putting appearance on behalf of the informant/complainant by filing Vakalatnama, none is appeared on his behalf.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code.

3. Petitioner is said to have took Rs. 5,60,000/- and executed the sale deed by cheating the complainant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the complainant himself approached the

Patna High Court CR. MISC. No.21786 of 2023(3) dt.03-10-2023 2/2 petitioner for purchasing of land and he has genuinely executed the sale deed in favour of the complainant. He submits that the dispute is purely civil in nature. He submits that the complainant has stated in solemn affirmation that he has possession over the land in question. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1747 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T