Yogendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38664 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

Yogendra Jha Son of Late Gulab Jha, Resident of village- Saharghat, P.S.- Saharghat, District- Madhubani.

2.

Bhogendra Jha Son of Late Gulab Jha, Resident of village- Saharghat, P.S.- Saharghat, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Saharghat P.S. Case No. 169 of 2018 registered for offence punishable under sections 406, 468, 420, 323, 341, 504, 379 and 506 of the Indian Penal Code. The petitioners are agnate of the informant and allegation has been made that the partition has taken place and the land in question was not in their possession, but in fraudulent manner, they have sold the land to the third party. When the informant had gone and asked why he has played fraud with him whereupon in the night they have entered into

Patna High Court CR. MISC. No.38664 of 2019(2) dt.25-06-2019 2/2 the house of informant, abused and Rs.5,000/- was taken away and also they threatened for dire consequence. From the record of right it appears that on partition, the plot no. 13417 has been allotted to Gulab Jha, father of the present petitioners. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Benepatti (Darbhanga) in connection with Saharghat P.S. Case No. 169 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.