Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28561 of 2020 Arising Out of PS. Case No.-8 Year-2019 Thana- SATHI District- West Champaran ====================================================== 1.

MANOJ YADAV S/o Late Gulli Yadav R/o Village- Vasantpur, P.S.- Sathi, District- West Champaran.

2.

Surendra Yadav S/o Late Nandu Yadav R/o Village- Vasantpur, P.S.- Sathi, District- West Champaran.

3.

Virendra Yadav @ Birendra Yadav S/o Late Nandu Yadav R/o VillageVasantpur, P.S.- Sathi, District- West Champaran. 4.

Vikash Yadav S/o Late Nandu Yadav R/o Village- Vasantpur, P.S.- Sathi, District- West Champaran.

5.

Rupesh Kumar Yadav S/o Harendra Yadav R/o Village- Vasantpur, P.S.- Sathi, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-01-2021 Heard learned counsel for the petitioners and Mr. Tapeshwar Sharma, learned APP for the State.

The petitioners in the present case are seeking prearrest bail in connection with Sathi P.S. Case No.08/2019 registered for the offences punishable under Sections 420, 467, 468, 471, 384, 323, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to ulterior motive. Learned counsel submits that the

2/4 whole dispute has arisen on account of distribution of land by Algu Yadav who had no issue, one of the sister's son-in-law of Algu Yadav had sold a piece of land to the petitioner no.1 and others and on that account dispute has arisen. Learned counsel submits that so far as the allegation of demanding Rangdari is concerned, the witnesses in the case diary have stated that the said allegation is not correct. It is submitted that the petitioners have no criminal antecedent. Learned APP for the State having gone through the case diary admits that so far as the allegation of demand of Rangdari is concerned, the same has not been supported by the witnesses in course of investigation.

Having regard to the facts and circumstances of the case wherein learned counsel for the petitioners has submitted that the whole dispute has arisen on account of distribution of land by Algu Yadav who had no issue, one of the sister's son-inlaw of Algu Yadav had sold a piece of land to the petitioner no.1 and others and on that account dispute has arisen, so far as the allegation of demanding Rangdari is concerned, the witnesses in the case diary have stated that the said allegation is not correct, learned APP for the State having gone through the case diary admits that so far as the allegation of demand of Rangdari is

3/4 concerned, the same has not been supported by the witnesses in course of investigation, in the nature of the disputes and the materials placed before this Court, let the petitioners abovenamed in the event of their arrest or surrender within a period of four weeks from today in connection with Sathi P.S. Case No.08/2019 be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any

4/4 stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.