Patna High CourtCR. MISC./41852/2023bail granted

Lalbabu Yadav v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 41852 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- PHULWARIYA District- Gopalganj ====================================================== LALBABU YADAV S/O LATE BRIJA YADAV R/O VILLAGE- MISHRA BANDHAURA, PS. VIJAIPUR, DIST. GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the learned APP.

2 The petitioner has preferred this application for grant of regular bail in connection with Fulwariya PS Case No 395 of 2022 dated 02.09.2022 registered for the offence punishable under Sections 420, 467, 468, 471/34 of the IPC. 3 As per the prosecution case, the informant's grandmother had purchased 1 bigha and 1 katha land bearing Khata No 13 and Khesara No 674 from Ram Baran on 09.03.1949. But the grandson of Ram Baran Mahto executed an agreement to sale of the said land which was purchased by the petitioner with a view to garb. The co-accused Lalan Yadav and Ramesh Yadav were involved in the said incident.

Patna High Court CR. MISC. No.41852 of 2023(2) dt.24-07-2023 2/2 4 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in paragraph 3 of the bail petition. It is a case of civil nature as Title Suit No 1206 of 2022 is pending in the Court of ACJM I, Gopalganj. The petitioner is in custody in this case since 24.04.2023.

5 Learned APP has vehemently opposed the bail petition of the petitioner.

6 Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of ACJM XVI, Gopalganj in Fulwariya PS Case No 395 of 2022 dated 02.09.2020. 7 This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T