Basant Kumar @ Basant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27538 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Basant Kumar @ Basant Yadav S/O Baldeo Yadav R/O Village- Jhunathi, P.S.- Muffasil, District- Nawada 2.

Tunna Yadav @ Tuna Yadav S/o Late Ruplal Yadav R/o village- Jhunathi, P.S.- Muffasil, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 Heard learned counsel for the petitioners, informant and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The accusation is of committing robbery in the house of the informant by the petitioners and other accused persons.

It is submitted by learned counsel for the petitioners that in the background of some land dispute,

Patna High Court CR. MISC. No.27538 of 2022(2) dt.12-10-2022 2/3 the present F.I.R has been registered. At earlier point of time, petitioner No. 1 had lodged Muffasil P.S.Case No. 368 of 2019 against the family members of the informant. Hence, as a retaliatory measure, this false case has been lodged against the petitioners. The petitioners were not apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 267 of 2021, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.27538 of 2022(2) dt.12-10-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T