Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59918 of 2023 Arising Out of PS. Case No.-73 Year-2022 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.

Nandu Yadav S/O- Late Churaman Yadav R/O- Village- Daura, P.S.- Khudaganj, Dist.- Nalanda.

4.

Ram Bali Yadav S/O- Late Churaman Yadav R/O- Village- Daura, P.S.- Khudaganj, Dist.- Nalanda.

5.

Krishna Yadav @ Krishna Deo Yadav S/O- Late Churaman Yadav R/O- Village- Daura, P.S.- Khudaganj, Dist.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR , PATNA ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Shyamal Prakash, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Khudaganj P.S. Case No. 73 of 2022 dated 24.05.2022 registered for the offences punishable under Sections 341, 323, 504, 506, 379, 420, 120B read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have got the informant's land mutated fraudulently in the name of their father Churaman Yadav separately on the basis of forged sale deed after partition of the

Patna High Court CR. MISC. No.59918 of 2023(2) dt.27-09-2023 2/2 said property under conspiracy with a view to grab the same.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. It is a case of civil dispute between the parties. It is further submitted that the petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Court concerned, Hilsa, Nalanda in connection with Khudaganj P.S. Case No. 73 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T