Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.190 of 2023 Arising Out of PS. Case No.-371 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== 1.

BINOD YADAV Son of Hari Yadav R/v- Rampur, P.S.Bodh Gaya, DistrictGaya 2.

ANURUP YADAV @ CHHOTU YADAV Son of Hari Yadav R/v- Rampur, P.S.Bodh Gaya, District- Gaya 3.

KUMAR SAGAR @ PANKAJ Son of Binod Yadav R/v- Rampur, P.S.Bodh Gaya, District- Gaya 4.

ARVIND KUMAR Son of Saryu Prasad R/v- Purani Baghan, Gurapi, P.S.- Fatehpur, District- Gaya 5.

MANOJ PRASAD Son of Jagdish Prasad R/v- Koreya , P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code pending in the learned court below.

All the accused persons are said to have executed three registered sale deeds by the mentally retarded son of the of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.190 of 2023(2) dt.21-03-2023 2/2 case. He further submits that after investigation the police has filed final form against the petitioners but the learned court below differed the final form and taken cognizance against the petitioners. He submits that the husband of the informant has also filed Title Suit bearing No.164/21-14/21 for the relief to declare all the sale deeds illegal, void ab initio. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that the learned Court below has taken cognizance against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bodh Gaya P.S. Case No.371/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T