Suresh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.34401 of 2016 (2) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34401 of 2016 Arising Out of PS.Case No. -314 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Suresh Yadav Son of late Jokhan yadav Resident of Village- Santosh, Police Station Alauli, District Khagaria.

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

For the Petitioner/s : Mr. Vivekanand Singh, Advocate. Mr. Aarsh Kumar, Advocate.

For the Opposite Party/s : Mr. Sri Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 17-09-2016 I have heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for offences punishable under Sections 467,468,471,420,120B/34 of the Indian Penal Code.

As per allegation, petitioner has purchased a land which was already acquired by the State and that has been transferred to co-accused Praveen Kumar.

It is submitted that as per the documents, the land in question was auctioned in favour of the great grand mother of the co-accused Praveen Kumar namely, Shiv Brat Kuwri and thereafter, the same was mutated in the name of grand mother of co-accused Praveen Kumar namely, Kusum Devi. Land receipt

Patna High Court Cr.Misc. No.34401 of 2016 (2) dt.17-09-2016 was also sworn by the petitioner under which land was purchased. Even if it is assumed that the illegality has been committed, the same has been committed by the seller not by the petitioner who was a bona fide purchaser.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Khagaria (Chitragupta Nagar) P.S. Case No. 314 of 2016, on furnishing bail bond of Rs. 10,000/- (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria subject to the conditions as laid down under Section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Prakash/- U T