← Library
Patna High CourtCR. MISC./71134/2023bail granted

Sidarth Yadav @ Siddharth Yadav v. The State Of Bihar

2024-04-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71134 of 2023 Arising Out of PS. Case No.-637 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SIDARTH YADAV @ SIDDHARTH YADAV S/O UPENDRA RAI R/O VILLAGE- CHAKNOOR, P.S- SAMASTIPUR MUFFASIL, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 467, 468, 471, 120 (B)/34 of the Indian Penal Code.

3. As per the prosecution case, the informant had purchased a piece of land in 2020 from the petitioner vide deed No. 8365 bearing Plot No. 55, Khesra No. 1035 measuring an area of 3.27 decimal, but then the said petitioner, along with another co-accused, Vinita Bharti, asked the informant to sell the said land, which the informant always used to deny. It is further alleged that this petitioner, along with other co-accused persons, approached the informant for the registry of a piece of

Patna High Court CR. MISC. No.71134 of 2023(5) dt.19-04-2024 2/3 land. Thereafter, the informant sold the newly purchased land in favor of this petitioner via deed No. 18465 on October 22, 2022. Further, on November 12, 2022, the informant executed a sale deed in favor of Vinita Bharti via deed No. 19753, but the petitioner, along with other co-accused, fraudulently got the land executed by the informant by changing the page of the sale deed.

4. It is submitted on behalf of the petitioner that from perusal of FIR, it is manifest that the allegation are based on sale of piece of land. At best, the dispute is purely civil in nature. The present case has been lodged only with a view to grab money from the petitioner. A similarly situated co-accused person has already been granted bail by this Court via order dated August 4, 2023, in Cr. Misc. No. 44186 of 2023 . Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.71134 of 2023(5) dt.19-04-2024 3/3 learned A . C . J. M.-II, Samastipur in connection with Samastipur Mufassil P.S. case no 637 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T