Patna High CourtCR. MISC./16032/2018bail granted

Pawan Yadav And ANR v. The State Of Bihar

2018-05-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16032 of 2018 Arising Out of PS.Case No. -123 Year- 2017 Thana -PASRAHA District- KHAGARIA ======================================================

1. Pawan Yadav, S/o Chaturi Yadav,

2. Barun Yadav S/o Butan Yadav, Both R/o Village- Bandehara, P.S.- Pasraha, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv For the Opposite Party/s : Mr. Sri Ram Anurag Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code.

The informant had gone to plough the field of one Raso Yadav with whom the petitioners and others have land dispute over the same land. Allegation is that when the informant and others were returning after ploughing the field, the petitioners kidnapped to Subodh Mandal, the brother of the informant.

Learned counsel for the petitioners submits that in fact there was never any kidnapping. Though after recovery, Subodh Mandal stated before the police that he

Patna High Court Cr.Misc. No.16032 of 2018 (3) dt.15-05-2018 was kidnapped. Just to pressurize in the land dispute, false case has been lodged. Petitioners are in custody since 06.12.2017. They have no criminal antecedent. Investigation of the case is already complete.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Pasraha Police Station Case No.123 of 2017, corresponding to G.R.No.3124 of 2017, subject to the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T