Jeebachh Yadav @ Jivachh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62001 of 2023 Arising Out of PS. Case No.-20 Year-2017 Thana- NADI District- Supaul ====================================================== 1.
JEEBACHH YADAV @ JIVACHH YADAV Son of Late Harinandan Yadav R/O VILLAGE KYOTAPATTI RASUAR P.S. NADI DISTT. SUPAUL 2.
Fuldev Yadav Son of Late Harinandan Yadav R/O VILLAGE KYOTAPATTI RASUAR P.S. NADI DISTT. SUPAUL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Yadav, Adv.
For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 447, 504, 506, 379, 385/34 of the Indian Penal Code.
3. Allegedly, petitioners are said to have surrounded the informant and threatened him either sell his land in their favour or give Rs. 50,000/- as extortion. On objection, petitioner no.1 caught his both hands and petitioner no.2 snatched Rs. 3,000/- from his pocket.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.62001 of 2023(2) dt.17-10-2023 2/3 offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The benefit of Section 41A was given to the petitioners. Later on, after investigation, the police filed the charge-sheet against the petitioners and learned Court below also took cognizance against them. It is further submitted that petitioners came to know about the present case when summon was issued to them and thereafter, they filed the anticipatory bail. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is land dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in
Patna High Court CR. MISC. No.62001 of 2023(2) dt.17-10-2023 3/3 connection with Nadi P.S. Case No. 20 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T