Raghubansh Raj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28419 of 2024 Arising Out of PS. Case No.-1556 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Raghubansh Raj Yadav S/o Musai Yadav R/o Village BIshanpur, PS Lodhipur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Tareef Ashrafi S/o Late Md. Ismail R/o Village Machipur, PS Lodhipur, Distt. - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.

3. It is alleged that this petitioner fraudulently, in collusion with staff of Circle Office, got his name mutated in respect of land measuring 1.31 1⁄2 acre bearing Khata No. 16, Khesra No. 173 (Part) of Mauza- Rahua, Anchal- Goradih, District- Bhagalpur and created Jamabandi in his favour.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case merely on the ground of conjecture and surmises. As a matter of fact, father of

Patna High Court CR. MISC. No.28419 of 2024(3) dt.19-06-2024 2/2 the petitioner purchased a piece of land from father of the O.P. No. 2 by virtue of registered Sale Deed No. 18579 dated 21.12.2010 (Annexure P-3) and after the purchase, mutation was done in favour of father of the petitioner acknowledging his possession over the said land and new Jamabandi No. 674 was created in his favour. Accordingly, rent receipt is being issued by the concerned Circle Office till date (Annexure P-4). Moreover, present case is purely a civil dispute. Petitioner claims clean antecedent.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VIII, Bhagalpur in connection with Complaint Case No. 1556 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T