Rajendra Prasad Yadav @ Rajendra Yadav @ Ram Vyas Yadav @ Ram Vyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40968 of 2024 Arising Out of PS. Case No.-543 Year-2023 Thana- BUXAR District- Buxar ====================================================== Rajendra Prasad Yadav @ Rajendra Yadav @ Ram Vyas Yadav @ Ram Vyas, S/O Late Kawal Yadav, R/O Village- Dhobahi, P.S- Dhansoin, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Informant :

Mr. Kunal Kishore Sinha, Advocate For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Buxar Town P.S. Case No. 543 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

3. Allegation against the petitioner is that an ancestral property has been sold by the petitioner on 02.07.1965 which belongs to the other brother, who is dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to ulterior motive. Both the parties are own brother. He further submits that the petitioner and the Ram Vyas Yadav is the same person, therefore, the allegation of the complainant is baseless. In this regard, the Title Suit No. 4451 of 2013 vide

Patna High Court CR. MISC. No.40968 of 2024(3) dt.21-09-2024 2/2 Judgment dated 20.07.2023, the plea of the complainant has not been been accepted. He further submits that the petitioner is aged about 74 years having no criminal antecedent and undertakes to cooperate in the investigation and trial of this case.

5. Learned counsel for the informant as well learned APP for the State oppose the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Buxar Town P.S. Case No. 543 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T