Bachchu Yadav @ Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68793 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Bachchu Yadav @ Vishal Kumar Son Of Kuldip Yadav Resident Of VillageKharkhura Bhatbigha, P.S.- Delha, District- Gaya (Bihar) Pin 823002 ... ... Petitioner/s
Versus
The state of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Chandauti P.S. Case No. 253 of 2023, dated 26.04.2023, instituted for the offence punishable under Sections 406,420,120(B) and 506/34 of the Indian Penal Code.
3. As per allegation in the FIR, 4.557 decimals of land in Khata No. 309, Plot No. 1655 was to be conveyed to the informant, as per agreement entered into between the petitioner and the informant. It is further alleged that an amount of Rs. 11,000/- in cash was paid by the informant to the petitioner and others in lieu of the agreement and Rs. 26,00,000/- has been transferred through RTGS and also given five cheques of Rs.
Patna High Court CR. MISC. No.68793 of 2023(2) dt.08-11-2023 2/3 4,00,000/- each and four cheques of Rs. 5,00,000/-and the said cheques got dishonoured. When the same has not been done and money has not been returned, the present FIR has been lodged.
4. Learned counsel for the petitioner submits that from perusal of the First Information Report ( for brevity 'FIR') it transpires that this case has been lodged against the petitioner and others with regard to some land dispute with the land owners who have entered into an agreement. It is further submitted that a predominantly civil dispute is made out based on the allegation levelled in the FIR and resort to the criminal case is only for coercing the petitioner. The petitioner has no criminal antecedents, as per statement made in para 3 of the bail petition.
5. Learned A.P.P. as well as learned counsel for the informant have opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Chandauti P.S. Case No. 253 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.68793 of 2023(2) dt.08-11-2023 3/3 CJM Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T