Bhola Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29677 of 2025 Arising Out of PS. Case No.-301 Year-2024 Thana- KHAIRA District- Saran ====================================================== Bhola Prasad Yadav S/o Nagnarayan Yadav R/o Village- Khaira, P.S.- Khaira, Distt- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udai Shankar Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 , 74, 318 ( 4 ), 338 , 336 (3) , 351 ( 2 ) and 3(5) of BNS. 3 . The prosecution case, as per the First Information Report, is that on 27.12.2024 FIR has been lodged alleging that on 19.12.2024 on account of dispute , in order to grab the land purchased by the informant, this petitioner along with other accused persons demanded rangdari and prevented construction upon the land purchased by the informant.
4. It is submitted on behalf of the petitioners that petitioner along with others purchased al land total area 3 Katha 10 dgur bearing Khara No. 94 , Survey No. 1172, and its
Patna High Court CR. MISC. No.29677 of 2025(2) dt.14-05-2025 2/3 boundary as north - Vendor, South - Rajesh Gupta and Hare Ram Gupta , East- Siwana Hareram Ke Tola , west- village PCC road, on 23.01.2024 from legal heirs of Ramlagan Mahto ( Great Grandfather in-laws) through registered sale deed No. 891 dated 23.01.2024 and since the , petitioner and others are having peaceful possession over the aforesaid land. It is further submitted that prior to the date of execution of sale deed dated 23.01.2024, Most. Janki Kunwar ( Vendor ) was in peaceful possession over the aforesaid land and after the execution of sale deed by her, petitioner and others came in peaceful possession over the aforesaid land. It is further submitted that proceeding under Section 144 Cr. P C has been initiated and Civil suit bearing Title Suit No.
1122 of 2024 has been lodged by co-accused Dilip Sah against informant and others pertaining to the subject land. No injury has been caused to the informant or any other person . Petitioner claims clean antecedent. Similarly situated co-accused persons have already granted bail by this Court vide order dated 03.04.2025 in Cr. Misc. No. 11725 of 2025 .
5 . Learned counsel for the State opposed the bail petition .
6 Considering the aforesaid facts, clean antecedent of
Patna High Court CR. MISC. No.29677 of 2025(2) dt.14-05-2025 3/3 the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class Chapra in connection with Khaira P.S. Case No. 301 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T