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Patna High CourtCR. MISC./74813/2018bail granted

Bharat Yadav And ORS v. The State Of Bihar

2018-12-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74813 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- GOBARDHANA District- West Champaran ======================================================

1. Bharat Yadav, S/o Brahmdeo Yadav, Resident of Village- Beli, P.S.- Ramnagar, District- West Champaran.

2. Brajesh Yadav @ Brijesh Yadav @ Brijesh Pd. Yadav, S/o Mahanth Yadav, Village- Belwa Mokari, P.S.- Ramnagar, Distt- West Champaran.

3. Manisha Devi @ Manish Devi, W/o Dilip Kumar, Village- Narkatiyaganj, P.S.- Shikarpur, District- West Champaran.

4. Meena Suman, W/o Sanjay Yadav @ Sanjay Kr. Yadav, Village- Muzara, P.S.- Ramnagar, District- West Champaran.

5. Dilip Kumar, S/o Nageshwar Prasad Gupta, Village- Narkatiyaganj Bazar, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2018 Heard both sides.

The petitioners apprehend their arrest in Gobardhana P.S. Case No.34 of 2017 registered under Section 420 and other Sections of the Indian Penal Code.

The informant filed complaint case and he owns a farm house but the accused persons impersonated the father of the informant and prevented the informant from cultivating the lands of Harinagar Sugar Mill.

The learned counsel for the petitioners submits that the father of the informant sold the land in favour of

Patna High Court Cr.Misc. No.74813 of 2018(2) dt.20-12-2018 2/2 Swarupanand and others about 70 years ago and from them petitioners purchased the land. Similarly situated other accused persons namely, Rambabu Prasad and Pinki Devi have already been granted bail vide order passed in Cr. Misc. No.41029 of 2018 and Cr. Misc. No.20787 of 2018. The case of the petitioners stands on the same footing. It appears that the petitioners purchased the land from the purchasers of the father of the informant. The dispute is out and out of civil nature. Considering the aforesaid facts, let 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bagaha, District-West Champaran in connection with Gobardhana P.S. Case No.34 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T