Shatrughna Prasad Yadav @ Shatrudhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41020 of 2023 Arising Out of PS. Case No.-588 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== SHATRUGHNA PRASAD YADAV @ SHATRUDHAN YADAV SON OF LATE BHOGILAL YADAV WARD NO 4 GAURAVGARH SUPAUL P.S. SUPAUL DISTRICT SUPAUL ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BUTAN YADAV SON OF CHANDESHWARI YADAV WARD NO 3 GAURAGARH SUPAUL P.S. SUPAUL DISTRICT SUPAUL ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP.

Mr. Sanjeev Kumar, Adv.

Ms. Preeti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 of the Indian Penal Code.

3. The allegation against the petitioner is that he took an amount of Rs. 3,85,000/- and promised the complainant to register the said land in his favour, but after some time, the petitioner neither executed the sale deed nor returned the complainant's money.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.41020 of 2023(5) dt.06-10-2023 2/3 that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that petitioner is ready to return Rs. 3,85,000/- to the complainant within four months. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as petitioner is ready to pay Rs. 3,85,000/- to the complainant within four months, let the above named petitioner, be released on provisional bail for a period of six months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case (P) P.S. Case No. 588 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

7. After full and final payment of Rs. 3,85,000.00 (Rupees

Patna High Court CR. MISC. No.41020 of 2023(5) dt.06-10-2023 3/3 Three Lac Eighty Five Thousand) within four months, the provisional bail of the petitioner will be confirmed by the learned Court below.

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