Ramotar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56831 of 2025 Arising Out of PS. Case No.-433 Year-2023 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== 1.

Ramotar Yadav S/O Late Jivoo Yadav R/O Village- Khemtarni Asthan, P.S.- Suryagarha, Dist.- Lakhisarai.

2.

Anik Lal Yadav S/O Late Jivoo Yadav R/O Village- Khemtarni Asthan, P.S.- Suryagarha, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vishundev Yadav S/O Late Shanichar Yadav R/O Village- Khemtarni Asthan, P.S.- Suryagarha, Dist.- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-08-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Complaint Case No. 433 of 2023 for the offence under sections 420 and 467 of the I.P.C. lodged by the complainant, Vishundev Yadav.

3. As per the complaint, the complainant alleged that the petitioners executed sale deed in the name of each other of the land belonging to him. This led to the case.

4. Learned counsel for the petitioners submit that they are agnates, a transaction took place, if the complainant is aggrieved, can take the civil route but instead, the present case.

Patna High Court CR. MISC. No.56831 of 2025(2) dt.27-08-2025 2/3

5. Learned APP opposes the prayer submitting that allegation is that the land of the complainant has been sold.

6. Taking into account the submissions of the parties as also the fact that both the petitioners and the complainant are agnates, matter relates to an execution of sale deed, the case has been filed, the petitioners will be facing the music and they have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.

7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Complaint Case No. 433 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their

Patna High Court CR. MISC. No.56831 of 2025(2) dt.27-08-2025 3/3 bail bond by the Trial Court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T