Vishwanath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38860 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.
Vishwanath Yadav Son of Khushilal yadav Resident of Village - Rupauli Tola, Kataiya, Police Station- Singheshwar, District - Madhepura. 2.
Ashok Yadav son of Late Khushilal yadav Resident of Village - Rupauli Tola, Kataiya, Police Station- Singheshwar, District - Madhepura. 3.
Ravindra Yadav @ Ravin Yadav Son of Vishwanath Yadav Resident of Village - Rupauli Tola, Kataiya, Police Station- Singheshwar, District - Madhepura.
4.
Pintu Yadav Son of Vishwanath Yadav Resident of Village - Rupauli Tola, Kataiya, Police Station- Singheshwar, District - Madhepura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Singheshwar P.S. Case no. 101 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 379, 427, 384, 504, 506 of the Indian Penal Code.
It is alleged that on 23.04.2021 when the petitioner along with several accused persons came over the disputed land armed with deadly weapons, tractor and pick-up van and started
Patna High Court CR. MISC. No.38860 of 2022(2) dt.06-12-2022 2/3 to get cut the standing wheat crops. It is further alleged that when the informant forbade the accused persons to do so then petitioners along with co-accused persons assaulted the informant and took his signature on stamp paper forcibly. When his family members came there to save him, they were also beaten up by them and accused persons took away 60 quintals of wheat in the alleged pick-up van.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. They have got no criminal antecedent. It is further submitted vide Para 10 of the petition that there is a land dispute between the parties for constructing house upon the disputed land which belongs to the petitioners but informant claimed also upon the land due to which they have falsely been implicated in this case.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest
Patna High Court CR. MISC. No.38860 of 2022(2) dt.06-12-2022 3/3 or surrender in connection with Singheshwar P.S. Case no. 101 of 2021, they will be enlarged 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 learned Chief Judicial Magistrate, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) shivani/- U T