Khikhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33083 of 2023 Arising Out of PS. Case No.-124 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== Khikhar Yadav Son Of Panchu Yadav Resident Of Village- Machhaha Ward No. 15, Ps- Triveniganj, Distt- Supaul ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Kumar Mehta, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking pre-arrest bail in connection with Triveniganj P.S. Case No. 124 of 2021 registered for the offences punishable under Sections 447, 427, 341, 323, 504, 308/34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.
3. As per the prosecution story, the informant has alleged that on 28.04.2021 at about 05 P.M. when she objected the accused persons to stop the construction work in her land, all the accused persons started construction in her land forcibly and when she again tried to stop them,
Patna High Court CR. MISC. No.33083 of 2023(2) dt.21-07-2023 2/3 then she was assaulted and abused.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that there is a land dispute between the parties and in the alleged occurrence the informant has suffered simple injuries on her head.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case wherein it is submitted that there is a land dispute between the parties and during construction of the house the alleged occurrence took place in which the informant has suffered simple injuries on her head, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner abovenamed, who has otherwise no criminal antecedent, be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Supaul, in connection with Triveniganj P.S. Case No. 124 of 2021, subject to the conditions as laid
Patna High Court CR. MISC. No.33083 of 2023(2) dt.21-07-2023 3/3 down under Section 438 (2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Rajeev/- U T