Mishrilal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54617 of 2023 Arising Out of PS. Case No.-210 Year-2021 Thana- COMPLAINT CASE District- Supaul ====================================================== Mishrilal Yadav, Son Of Late Sumrit Lal Yadav Resident Of Village- Jhahura, Ward No. 1, Ps- Supaul, Dist- Supaul, State- Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Upendra Yadav, Son Of Late Bhagwat Yadav Resident Of Village- Jhahura, Ward No. 1, Ps- Supaul, Dist- Supaul, State- Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 341 and 406 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is aged about 70 years and has been falsely implicated in the instant case by the complainant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the dispute is purely civil to which a criminal colour has been given. It is also submitted that complainant alleges that he

Patna High Court CR. MISC. No.54617 of 2023(7) dt.04-07-2024 2/3 intended to purchase a piece of land from Jamun Mandal, but he gave Rs.2 Lacs to the petitioner for giving it to Jamun Mandal in lieu of the land which the complainant intended to purchase, but then, no documentary evidence was executed with respect to giving Rs.2 Lacs to the petitioner.

4. The learned counsel for the petitioner submits that petitioner is not the owner of the land and there appears no reason why the complainant would have given Rs.2 Lacs to the petitioner for handing it over to the land owner i.e. Jamun Mandal without even seeking a receiving with respect to the amount. It is further submitted that it appears that the instant criminal case has been instituted only with a view to coerce the petitioner into submission, so that the petitioner under threat of arrest parts with the fanciful demand of the complainant. It is also submitted that if complainant is agreed by the act of the petitioner, he has remedy of approaching a Court of competent jurisdiction.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.54617 of 2023(7) dt.04-07-2024 3/3 within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Supaul in connection with Complaint Case No.210C of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T