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Patna High CourtCR. MISC./75337/2023bail granted

Shiv Yadav v. The State Of Bihar

2023-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75337 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

SHIV YADAV SON OF LATE KUBER YADAV R/O GUDRA, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN 2.

DHORAI YADAV @ DHODHAI YADAV SON OF SHIV YADAV R/O GUDRA, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 385, 506/34 of the Indian Penal Code.

3. As per F.I.R., these petitioners along with other accused persons forcibly cultivated the land of the informant and threatened her and her husband with dire consequences.

4. It is submitted on behalf of the petitioners that these petitioners have falsely been implicated in this case due to land dispute. Allegation against the petitioners is general and

Patna High Court CR. MISC. No.75337 of 2023(2) dt.29-11-2023 2/2 omnibus. Moreover, F.I.R. has been lodged after inordinate delay of 22 days and there is no explanation for the same.

5. Learned A.P.P. for the State opposes the bail application.

6. Considering the nature and accusation and delay in lodging the F.I.R., 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, Bettiah, West Champaran in connection with Majhaulia P. S. Case No. 466 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T