Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37781 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- BAGHA District- West Champaran ====================================================== 1.

Bharat Yadav Son Of Late Lalan Yadav Resident Of Village - Pipariya, P.S. - Bagaha, Distt. - West Champaran 2.

Amar Yadav Son of Bharat Yadav Resident of village - Pipariya, P.S. - Bagaha, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners, informant and learned A.P.P appearing on behalf of the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 420, 467, 468, 471, 506, 34 of the Indian Penal Code.

It is alleged by the informant that petitioners along with other co-accused persons came at the door of the informant that threatened to sell the land which was given by her father from his property in favour of

Patna High Court CR. MISC. No.37781 of 2023(3) dt.22-08-2023 2/3 petitioner No. 1. Out of fear, the informant executed sell deed of 1 Bigha 19 Katha and 16 dhur land worth Rs. 1.5 crores in favour of petitioner No. 1. The informant thereafter came to know that the accused persons have executed sell deed of 2 Bigha, 2 Katha, 3 dhur of land worth Rs. 3.25 crores by doing forgery in connivance with the staffs and officer of Registry Office, Bettiah. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. It is further submitted that even if relying upon the entire F.I.R, it is explicit from the case diary that a registered sell deed was executed through the process of law and there is no evidence on the record that vendor was put in fear or harm by the petitioners before the execution of the aforesaid deed. Moreover, this is a case of civil nature and this case has been lodged only to pressurize and extort more money from the petitioners. The petitioners are languishing in custody since 01.05.2023.

Patna High Court CR. MISC. No.37781 of 2023(3) dt.22-08-2023 3/3 Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 155 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T