Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38666 of 2020 Arising Out of PS. Case No.-350 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== 1.

LALAN YADAV Son of Amar Yadav Resident of Village- Khaira Tola, Police Station- Nautan, District- West Champaran 2.

Rajdeo Yadav Son of Bishundeo Yadav @ Bishun Yadav Resident of Village- Khaira Tola, Police Station- Nautan, 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.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in Bairiya P.S. Case No. 350 of 2019 registered for the offence under Sections 341, 323, 385, 406, 504, 506 & 34 of the Indian Penal Code.

Allegedly, the informant gave Rs. Three lakhs to the accused persons for purchasing one Katha of land but later on, they could not execute the sale deed. Thereafter a Panchayati

Patna High Court CR. MISC. No.38666 of 2020(2) dt.02-08-2021 2/3 was held but the accused persons did not become ready to execute the sale deed and in consequence thereof, when the informant went to the houses of accused persons, they refused to execute the sale deed and assaulted informant as also demanded Rs. One lakh for providing original paper, prepared in Panchayati. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The matter relates to sale and purchase of land. The other co-accused with similar allegation has been granted anticipatory bail by a coordinate bench of this court vide order dated 17-02-2020 passed in Cr. Misc. No. 220 of 2020. The matter relates to civil dispute.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 350 of 2019, subject to

Patna High Court CR. MISC. No.38666 of 2020(2) dt.02-08-2021 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T