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Patna High CourtCR. MISC./65436/2023bail granted

Sanjeev Yadav v. The State Of Bihar

2023-11-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65436 of 2023 Arising Out of PS. Case No.-101 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Sanjeev Yadav S/O Vishwanath Yadav Village- Rupauli Tola, Kataiya, PsSingheshwar, Dist- Madhepura 2.

Sintu Yadav Son Of Vishwanath Yadav Village- Rupauli Tola, Kataiya, PsSingheshwar, Dist- Madhepura 3.

Sajan Yadav Son Of Sanjeev Yadav Village- Rupauli Tola, Kataiya, PsSingheshwar, Dist- Madhepura 4.

Amit Yadav Son Of Rabindra Yadav Village- Rupauli Tola, Kataiya, PsSingheshwar, Dist- Madhepura ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 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 Singheshwar P.S. Case No. 101 of 2021 dated 25.04.2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 427, 384, 506 and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.65436 of 2023(2) dt.08-11-2023 2/3

4. As per the prosecution case, the petitioners along with several accused persons armed with deadly weapons, tractors and pick-up van came over the disputed land and started cutting the standing wheat crops in the field. It is further alleged that when the informant forbade the accused persons to do so then the petitioner No. 1 along with the co-accused person pointed pistol at the informant and asked him to flee. Thereafter, the other co-accused persons arrived at the house of informant and started abusing and assaulting him and his family members with fists and slaps and looted Rs. 25,000/-, jewellary, documents and forcibly obtained the signature of the informant and his associates on a stamp paper. The petitioner no. 1 assaulted and misbehaved with the wife of the informant and family members. They also looted away 60 quintals of wheat on their pick-up van.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case on account of land dispute. The petitioners are accused in one more criminal case as stated in para 3 of the bail petition. The other co-accused person have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 06.12.2022 passed in Cr. Misc. No. 38860 of 2022.

Patna High Court CR. MISC. No.65436 of 2023(2) dt.08-11-2023 3/3

6. Learned A.P.P. for the State has vehemently opposed the prayer of 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/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Singheshwar P.S. Case No. 101 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

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