Rambabu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51266 of 2022 Arising Out of PS. Case No.-146 Year-2021 Thana- BARH District- Patna ====================================================== 1.
RAMBABU YADAV SON OF BAUN YADAV R/O VILLAGEDHELWAGOSAI, P.S.- BARH, DISTRICT- PATNA 2.
UMESH YADAV SON OF BAUN YADAV R/O VILLAGEDHELWAGOSAI, P.S.- BARH, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey, Adv.
:
Ms.Kumari Pallavi, Adv.
For the State :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners as well as the learned APP for the State.
The petitioners apprehend their arrest in connection with Barh P.S. Case No. 146 of 2021, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
As per allegation, the accused persons had a greedy eye over the land of the informant. It was agreed that the informant shall execute the sale deed of his land in favour of co-
Patna High Court CR. MISC. No.51266 of 2022(2) dt.18-01-2023 2/3 accused Bindeshwari Prasad Yadav and Bindeshwari Prasad Yadav in lieu thereof shall execute sale deed of his land in favour of the informant. The informant complied his part of agreement and executed sale deed of his land in favour of Bindeshwari Prasad Yadav but co-accused Bindeshwari Prasad Yadav, instead of executing the sale deed in favour of the informant, executed the sale deed in favour of one Malangi Gope.
The learned counsel for the petitioners has submitted that the main allegation of non-executing the sale deed is on Bindeshwari Prasad Yadav, who has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 9277 of 2022. Moreover, it is a case of civil nature. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, District Patna in connection with Barh P.S. Case No. 146 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Patna High Court CR. MISC. No.51266 of 2022(2) dt.18-01-2023 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) kundan/-Nirmal U T