Krishnandan Prasad Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50644 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -PANDARAK District- PATNA ======================================================

1. Krishnandan Prasad Yadav son of Late Nand Kishore Yadav

2. Mahendra Prasad Yadav @ Mahendra Prasad son of Late Nand Kishore Yadav Both are residents of village- Railee English, P.S.- Pandarak, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Mr. S.N.Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and learned counsel for the complainant.

The petitioners seek pre-arrest bail in connection with Pandarak P.S. Case No.81 of 2014 registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code as well as Section 27 of the Arms Act.

It is contended that the dispute, if any, is of civil nature. The mother of the complainant had executed a power of attorney in favour of petitioner no.1 Krishnandan Prasad Yadav on the strength of which he had received the award amount paid in respect of the land acquired by the State Government for the

Patna High Court Cr.Misc. No.50644 of 2015 (2) dt.09-11-2015 2/2 purpose of installing power plant of NTPC.

Learned counsel for the complainant has vehemently opposed the application filed on behalf of the petitioners. He has submitted that petitioner no.1 being the power of attorney holder of the mother of the complainant received the amount of award of the land which came in the share of the complainant and her sister and deposited the same in the account of his brother Mahendra Prasad Yadav (petitioner no.2).

Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in connection with Pandarak P.S. Case No.81 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T