Awadhesh Yadav @ Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8422 of 2021 Arising Out of PS. Case No.-6 Year-2016 Thana- WAJIRGANJ District- Gaya ====================================================== Awadhesh Yadav @ Awadhesh Kumar, aged about 30 years, male, Son of Mundrika Yadav, Resident of Village - Rajendra Pathk Bigha Kharanga Gali, P.S. - Kotwali, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Wazirganj P.S. Case No. 06 of 2016, dated 08.01.2016, instituted for the offences under Sections 421, 467, 468, 471, 472 and 120(B) of the Indian Penal Code.

The informant has alleged that 85 decimals of the land belonging to his daughter has been fraudulently sold to

Patna High Court CR. MISC. No.8422 of 2021(2) dt.17-12-2021 2/3 the purchasers at the instance of Pawan Kumar Yadav and Kapil Yadav. One Saurabh Mukherjee has also taken an active part in the aforesaid unauthorized sale and purchase of the property belonging to the daughter of the informant. So far as the petitioner is concerned, he is said to be one of the witnesses to the sale-deeds.

It has been submitted on behalf of the petitioner that assuming but not admitting that he was a witness to the sale-deeds, that would not attract the mischief of various sections of the I.P.C. in which the subject F.I.R. has been lodged.

Apart from this, it has been submitted that aforesaid Pawan Kumar Yadav and Kapil Yadav, the vendors of the property, have been granted anticipatory bail by a Bench of this Court vide order dated 19.08.2019 passed in Cr. Misc. No. 51574 of 2019.

The petitioner does not have criminal antecedents. For the reasons afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be

Patna High Court CR. MISC. No.8422 of 2021(2) dt.17-12-2021 3/3 released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Gaya in connection with Wazirganj P.S. Case No. 06 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T