Chandradev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28106 of 2024 Arising Out of PS. Case No.-2 Year-2016 Thana- CIVIL LINE District- Gaya ====================================================== Chandradev Yadav Son of Late Chhedi Yadav Resident of Village- Chandauti, P.S.-Chandauti, Dist.- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Civil Line P.S. Case No. 02 of 2016 dated 04.01.2016, lodged under Sections 467, 468, 471, 420, 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against 33 named accused persons including the present petitioner against whom there is an allegation that they have committed forgery in connivance with each other and got executed the informant's land.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.28106 of 2024(5) dt.27-09-2024 2/3 also submits that informant's younger brother had purchased 37 decimal of land on 03.08.1989 and residing on the said land and the land was mutated in his name. Counsel submits that the petitioner has falsely been implicated in this case due to dirty village politics. Counsel submits that only role of the petitioner in this case is that he is the identifier of the person who sold the land and correctly, identified the said person. Counsel further submits that the criminal antecedent of the petitioner is clean.

5. Learned Counsel for the petitioner further submits that in this case, this Hon'ble Court has pleased to issue notice to the informant and also through police also. Counsel submits that report of the police has come that it has been communicated by the Senior Superintendent of Police, Gaya to the informant but, informant has opted not to appear in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the present petitioner is the identifier of the person who sold the land.

7. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the

Patna High Court CR. MISC. No.28106 of 2024(5) dt.27-09-2024 3/3 like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No. 02 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T