Shiv Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34597 of 2020 Arising Out of PS. Case No.-398 Year-2018 Thana- AMARPUR District- Banka ====================================================== SHIV SHANKAR YADAV, son of late Akhileshwar Yadav, Resident of Village- Danda Bazaar, P.S.- Goradih, District- Bhagalpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Ayush Kumar, Adv.

For the Opposite Party :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 11.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Amarpur P.S. Case No. 398 of 2018, registered under Sections 420, 467, 468 and 34 of the Indian Penal Code. The accusation is that petitioner, Shiv Shankar Yadav, sold the land of 8 decimal of plot no. 256 and 257, belonging to complainant/informant, Bashishth Narain Choudhary along with his own plot to Manju Devi, wife of Yogendra Choudhary, as such, petitioner has cheated to Manju Devi. Later on, all accused, named in the complaint petition/FIR came at the plot

Patna High Court CR. MISC. No.34597 of 2020(2) dt.22-03-2021 2/2 of complainant/informant and made demand of rupees five lacs as ransom.

Submission is that in a Title Suit No. 16 of 1948, a settlement deed was submitted on which basis the suit was decreed in which the complainant/informant of the present case waived his right title in respect to plot no. 256 and 257, which would appear from Annexure 6, but, with ulterior motive, he has lodged the present case.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Amarpur P.S. Case No. 398 of 2018 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T