Sanjay Yadav @ Sanjay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68300 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== 1 .
Sanjay Yadav @ Sanjay Son of Shrvan Yadav Resident of Village - Parsauna Tapsi, P.S. - Patnwa, District - East Champaran 2.
Ram Pravesh Sah Son of Ram Sundar Sah @ Ram Sundar Prasad Resident of Village - Kanana Kaurihar, P.S. - Raxaul, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No.Iii, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 379, 467, 468, 471, 385, 506/34 of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of the occurrence, all the F.I.R. named accused persons including these petitioners, variously armed, came and tried to take possession over the land of informant. It is further alleged that the accused persons also threatened informant and demanded Rs. 2 lacs and took away wooden gate, cylinder, oven, wood of Sakhuwa.
Patna High Court CR. MISC. No.68300 of 2024(2) dt.27-09-2024 2/3
4. Learned counsel for the petitioners submits that as a matter of fact, there is land dispute between one Parmatma Pandey and Sona Devi, wife of co-accused Late Birendra Rai and both of them claimed the land in question. Petitioners are co-villagers and they have got no concern with the said plot. Case and counter case . Allegation against the petitioners is general and omnibus. Similarly situated co-accused persons have already granted bail by this Court vide order dated 28.08.2024 in Cr. Misc. No. 37458 of 2024 .
5 . Learned counsel for the informant vehemently opposed the bail application .
6. Considering the backdrop of the case and nature of accusation and also the fact that similarly situated persons with similar allegations have already been granted bail by this Hon'ble Court, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Raxaul P. S. Case No. 22 of 2024, subject to condition as laid down under Section
Patna High Court CR. MISC. No.68300 of 2024(2) dt.27-09-2024 3/3 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U