Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45404 of 2023 Arising Out of PS. Case No.-212 Year-2007 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Arun Yadav, Son of Late Shiv Shankar Yadav, Resident of VillageGadhbanni, P.S.- Alauli, Dist- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanti Devi, Wife of Nageshwar Prasad, Resident of Village- Gaurashakti Tola Ramganj, Pargana-Harkiya, P.S. and Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Adv.

For the State :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Complaint Case No. 212(C) of 2007 dated 13.03.2007 registered for the offences punishable under Sections 467, 468, 420 and 120(B) of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to transfer of a land of the complainant in favour of one coaccused namely Shatrughan Mandal and in that transaction, the actual beneficiary is Shatrughan Mandal who has been granted anticipatory bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 39527/2009 and the instant matter is

Patna High Court CR. MISC. No.45404 of 2023(2) dt.27-07-2023 2/2 based on complaint case filed in the year 2007 and the petitioner had no knowledge of the said case and after getting knowledge, he himself surrendered before the Trial Court and moreover in the alleged deed, he and three other persons played the role of witnesses of the execution except this, there is no any other allegation against the petitioner. Further submission is that the petitioner has been languishing in jail since 17.04.2023.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the petitioner is stated to have played the role of a witness in the execution of the transfer deed of disputed land and the co-accused Shatrughan Mandal, who is stated to be the beneficiary of the alleged transaction, is on bail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Complaint Case No. 212(C) of 2007. (Shailendra Singh, J) annu/- U T