Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78414 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Raju Yadav Son of Late Jagai Yadav Resident of Vill- Koirgawa, P.S.- Yogapatti, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Fdilshad Alam, Adv.

Mr. Shayam Singh and Bharti Rai, Advocates For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 406, 467, 468, 471, 120B, 188 and 34 of the Indian Penal Code.

3. As per the prosecution case, co-accused Narendra Mishra executed sale-deed of lands in question adjacent to Highway in favour of petitioner and other co-accused persons, which is subject matter of a pending partition suit, bearing Partition Suit No. 114 of 1969, filed by the informant.

4. Learned counsel for the petitioner submits that petitioner is bonafide purchaser of the land in question and has purchased the land after making payment of consideration

Patna High Court CR. MISC. No.78414 of 2024(2) dt.18-01-2025 2/2 money to co-accused Narendra Mishra. The dispute is purely of civil nature. He further submits that informant and co-accused Nagendra Mishra are co-sharers and agnates. Similarly situated three co-accused persons have already been granted anticipatory bail by this Court, vide order dated 04.04.2024 passed in Cr.Misc. No. 22333 of 2024. He lastly submits that petitioner is himself a victim of the circumstances.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner 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 learned C.J.M., Bettiah, West Champaran / concerned Court in connection with Yogapatti P.S. Case No. 310/2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T