Rabindra Yadav @ Rabindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72909 of 2019 Arising Out of PS. Case No.-27 Year-2016 Thana- LAUKAHI District- Madhubani ====================================================== RABINDRA YADAV @ RABINDRA KUMAR YADAV Son of Kapildeo Yadav Resident of Village- Kuriban, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 364, 366, 120B, 504/34 of the Indian Penal Code.

The prosecution case is that the informant filed a complaint petition, vide C.R. No. 59/16 in the court of A.C.J.M., Jhanjharpur and the said petition send to the concerned P.S. under Section 156 (3) Cr.P.C. and the case has been registered against the accused persons. It has been stated that Biltu Yadav is cousin brother of informant and the father of Biltu Yadav namely Kri Yadav died 20 years ago and Biltu Yadav live along with informant. Further case of the informant is that 15 katha land along with Gharari was share of Biltu Yadav. The accused

Patna High Court CR. MISC. No.72909 of 2019(2) dt.21-11-2019 2/3 persons along with petitioner had kidnapped him on 30.10.2015 then the informant given a written information to the concerned officer but FIR could not be registered against accused persons. Further case of the informant is that due to grab the land registration and after registration the accused persons may be killed.

Learned counsel for the petitioner submits that petitioner is innocent, not named in the F.I.R., has not committed any offence and he has been falsely implicated due to enmity. He submits that there is no specific allegation against the petitioner. He submits that the petitioner made an accused in this case because he is witness of sale deed executed in favour of co-accused Kishan Yadav son of Dukha Yadav. He submits that other co-accused have been granted the bail by the learned court below itself. He further submits that petitioner has no criminal antecedent.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.72909 of 2019(2) dt.21-11-2019 3/3 learned S.D.J.M., Jhanjharpur, Madhubani in connection with Laukahi Police Station Case No. 27 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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