Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28142 of 2020 Arising Out of PS. Case No.-161 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

SURENDRA YADAV S/o Late Upendra Prasad Yadav @ Late Upendra Yadav Resident of Village-Warshabad, P.O.-Warshabad, P.S.-Shambhuganj, District-Banka.

2.

Manoj Yadav @ Manoj Prasad Yadav S/o Late Upendra Prasad Yadav Resident of Village-Warshabad, P.O.-Warshabad, P.S.-Shambhuganj, District-Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumitra Devi D/o Late Jagdish Prasad Yadav Resident of Village and PostWarshadbad, P.S.-Shambhuganj, District-Banka and Present Address Village and Post-Chhoti Bharatshila, P.S.-Shambhuganj, District-Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 420, 120(B), 467, 468 and 471 of the Indian

Patna High Court CR. MISC. No.28142 of 2020(2) dt.02-11-2020 2/2 Penal Code.

The prosecution allegation, in short, is that the accused persons fraudulently mutated their name on the land of the informant. It has been submitted on behalf of the petitioners that the petitioners are in custody since 23.05.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. The matter relates to civil dispute. The allegation is that a mutation of the land in question has been made in favour of the petitioners. The said mutation order is appealable. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -IV, Banka in connection with Shambhuganj P.S. Case No. 161 of 2018. (Sudhir Singh, J) Pankaj/- U T