Ram Bahadur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36833 of 2023 Arising Out of PS. Case No.-1401 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== RAM BAHADUR YADAV Son of Late Leddu Yadav Resident of village - Bagnagar ward no. 01, P.S. - Jokihat (Mahalgaon), Distt. - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Binod Kumar Yadav Son of Kulanand Yadav Resident of village - Bagnagar ward no. 01, P.S. - Jokihat (Mahalgaon), Distt. - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP :

Mr. Md. Ziaul Quamar, adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the complainant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code pending in the learned court below.

3. Allegation against the petitioner is that he has sold the same land to the three different persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the complainant was/is in peaceful possession of the alleged land till today. He submits that co-accused Rajesh Kumar Yadav filed Title Suit No.447/2021 for the alleged land against the present complainant. He further submits that there is civil dispute

Patna High Court CR. MISC. No.36833 of 2023(2) dt.07-08-2023 2/2 between the parties. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the complainant opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is civil dispute between the parties, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.1401/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T