Patna High CourtCR. MISC./67139/2023partly allowed disposal

Ajay Kishore Yadav @ Ajay Yadav v. The State Of Bihar

2023-10-18Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67139 of 2023 Arising Out of PS. Case No.-1003 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

AJAY KISHORE YADAV @ AJAY YADAV SON OF SRI HARI CHARAN YADAV RESIDENT OF VILLAGE - BANJARI, P.S. - TOWN, DISTRICT - GOPALGANJ 2.

VICKI SHARMA @ VICKY YADAV SON OF SRI LALAN SHARMA RESIDENT OF VILLAGE - SARAIYA, WARD NO.13, P.S. AND DISTRICT - GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Yadav For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. Learned counsel for the petitioner has submitted that during the pendency of this petition, petitioner no. 2 has been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this anticipatory bail petition.

3. In view of the aforesaid submission, the anticipatory bail petition in respect of petitioner no. 2 is dismissed as withdrawn as having become infructuous.

4. The petitioner no. 1 apprehends his arrest in

Patna High Court CR. MISC. No.67139 of 2023(2) dt.18-10-2023 2/3 connection with Town P.S. Case No. 1003 of 2022, registered for the offences punishable under Sections 341, 323, 384, 354, 504, 506, 34 of the Indian Penal Code.

5. As per allegation, on 29.11.2022 at 10:30 A.M., when the informant was getting work of construction over her land, all the FIR named accused persons, including the petitioners came there and asked her to stop the construction work. Co-accused Yogendra Yadav demanded ransom of Rs. 2 lacs from her. In the meantime, petitioner no. 2 started assaulting her and pointed pistol towards her and petitioner no. 1 tried to outrage the modesty of the informant.

6. The learned counsel for the petitioner has submitted that petitioner no. 1 is innocent and has falsely been implicated in this case. There is land dispute between the parties and none had suffered any kind of injury.

7. Considering the above-mentioned facts and circumstances especially the clean antecedent of petitioner no. 1, let the petitioner no. 1 in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with

Patna High Court CR. MISC. No.67139 of 2023(2) dt.18-10-2023 3/3 Town P.S. Case No. 1003 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T