Patna High CourtCR. MISC./72020/2023bail granted

Maheshwary Yadav v. The State Of Bihar

2024-07-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72020 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- BHARGAMA District- Araria ====================================================== 1.

MAHESHWARY YADAV SON OF KAMLESHWARY YADAV VILLAGE -BAGULAHA, POLICE STATION- RANIGANJ, DISTRICT- ARARIA 2.

ASOK YADAV SON OF LATE GIRANAND YADAV RESIDENT OF VILLAGE- RAHARIYA, PS- BHARGAMA, DIST- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP For OP 2 :

Mrigendra Kumar , Advocate Kusum Kumari , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners, opposite party No. 2 and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 406, 420, 467, 468 , 471 and 34 of the Indian Penal Code .

3. As per the prosecution case , these petitioners along with other co-accused got the land of the informant fraudulently executed in the name of other accused person and these petitioners are alleged to be the the identifier to the executed sale deed.

4. Learned counsel for the petitioner submits that petitioners are witness to the sale deed. Petitioners are neither

Patna High Court CR. MISC. No.72020 of 2023(3) dt.02-07-2024 2/2 vendor nor vendee . They are not the beneficiary of the alleged transaction . Petitioners claim clean antecedent.

5. Learned counsel for the State and opposite party No. 2 opposed the bail petition of the petitioner.

6. Considering the fact that petitioners are not the beneficiary of the alleged transaction and other 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 learned Judicial Magistrate First Class, Araria in connection with in Bhargama P S Case No. 258 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