Bhuneshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66867 of 2024 Arising Out of PS. Case No.-194 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Bhuneshwar Yadav Son of Late Lila Yadav Resident of Village - Sudheri, Tola Murkatta, Manjhauli, P.S. - Muffasil, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Vardhan, Adv For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-04-2025 Heard learned counsel appearing on behalf of the parties.
2. This matter was taken on board after failure of Mediation Proceeding between the parties for confirmation of provisional bail of petitioner, which was granted in terms of order dated 25.10.2024.
3. Both parties are present in person before this Court.
4. Upon hearing learned counsel for the parties and from the perusal of records it appears that it is Sukhdeo Yadav, who received amount of Rs. 24,10,001/- as part consideration against the proposed sale of joint property having descriptions, Khata No. 212, Plot No. 920, Area 6800
Patna High Court CR. MISC. No.66867 of 2024(6) dt.18-04-2025 2/3 sq. ft. of Village-Sudheri Tola, Murkatta Majhauli, against agreed total consideration amount of Rs. 70,00,000/-.
5. Present dispute prima-facie appears civil in nature in the background of land dispute for which present criminal prosecution was initiated. With this allegation petitioner with other co-sharers received Rs.5,11,000/- as advance, out of which petitioner along with his other cosharers/co-accused (except Sukhdeo Yadav) collectively returned Rs.4,72,000/- to the informant Ravindra Kumar and his son, when deal for sale of aforesaid land could not finalized.
6. With aforesaid allegation petitioner remains in custody since 09.09.2021 i.e., more than three years and was released on provisional bail by this Court vide order dated 25.10.2024.
7. In view of aforesaid facts and circumstances and by taking note of nature of accusation, which is prima-facie civil dispute coupled with fact petitioner remains in custody for more than three years, accordingly provisional bail as granted by this Court vide its order dated 25.10.2024 to the
Patna High Court CR. MISC. No.66867 of 2024(6) dt.18-04-2025 3/3 petitioner is hereby confirmed, with same bailors and bonds in connection with Muffasil P.S. Case No. 194 of 2021 pending before the Court of learned Additional Sessions Judge-I, Gaya.
8. Upon confirmation of provisional bail as aforesaid, present petition stands disposed of. (Chandra Shekhar Jha, J.) S.Tripathi/- U T