Vijay Kumar Yadav @ Vijay Yadav And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25474 of 2014 Arising Out of PS.Case No. -356 Year- 2012 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Vijay Kumar Yadav @ Vijay Yadav

2. Dinesh Kumar Yadav

3. Lal Babu Yadav

4. Nasib Kumar Yadav All are sons of Satya Narayan Yadav

5. Anil Kumar Yadav

6. Sunil Kumar Yadav Both are sons of Ram Sudhari Yadav All are resident of village- Ban Maura, P.S.- Bithan, District- Samastipur .... Petitioners

Versus

1. The State of Bihar

2. Ashok Chaudhary son of Late Jivnath Choudhary, resident of villageHarauli, P.S.- Kusheshwar Asthan, District- Darbhanga .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Girish Chandra Jha, Advocate For the State : Mr. Ambika Bhagat (Spl.Pp.) For opposite party no. 2 : Mr. Shashi Bhushan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 24-04-2015 Heard the learned counsel for the petitioners, opposite party no. 2 and the State. This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 504, 420, 419, 467 and 468 of the Penal Code.

It is alleged that the sale deed has been executed by forging the signature of the complainant by impersonation. However, it has not been mentioned that who has signed on whose behalf nor there is any evidence of expert has been brought on record to show that the signature of the petitioner is not the signature on the sale deed alleged to be executed in favour of the complaint. The learned

Patna High Court Cr.Misc. No.25474 of 2014 (6) dt.24-04-2015 counsel for the petitioners submits that the petitioners purchased the land from the complaint, opposite party no. 2, Ashok Choudhary, and when the price of the land increased, the said land was resold to Bilat Rai, hence, the learned counsel for the petitioners claims that petitioners have purchased the land from Ashok Choudhary whereas the complainant, Ashok Choudhary, submits that he has not sold the land. However, the case based on the complaint, but, during the enquiry even no opinion of expert has been taken whether the signature is the signature of Ashok Choudhary or any one else and the only material during enquiry is the denial of the complainant and it is his signature. However, this matter will be looked into at the trial.

Hence, having regard to the facts and circumstances of the case, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with the C.R. No.

Patna High Court Cr.Misc. No.25474 of 2014 (6) dt.24-04-2015 fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner(s) by the lower Court itself and the trial shall proceed for early disposal.

(Gopal Prasad, J) SA/- U √ T √