Shivdhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27749 of 2019 Arising Out of PS. Case No.-191 Year-2018 Thana- SATHI District- West Champaran ====================================================== 1.

SHIVDHAR YADAV Son of Late Lakhan Yadav, Resident of Village - Satwariya, P.S.- Sathi, District- West Champaran 2.

Chunnu Kumar Yadav Son of Kamal Yadav, Resident of Village - Satwariya, P.S.- Sathi, District- West Champaran 3.

Sonu Kumar Yadav Son of Kamal Yadav, Resident of Village - Satwariya, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Sathi P.S. Case No. 191 of 2018 registered for offence punishable under sections 406, 420, 341, 323, 379, 384, 504, 506/34 of the Indian Penal Code. Allegation has been made that 4-5 years before, a piece of land was transferred by the informant in favour of the petitioners and after few year, the petitioners came back, made a prayer for return of the money. Further allegation has been made that the petitioners tried to kill the informant by

Patna High Court CR. MISC. No.27749 of 2019(2) dt.29-04-2019 2/2 strangulation.

The learned counsel for the petitioners submits that a mischief has been committed against these petitioners as piece of land which has been transferred is an acquired land and on that account they had gone for return of the amount. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sathi P.S. Case No. 191 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

mkchy/- (Shivaji Pandey, J) U T