Dhruva Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9429 of 2018 Arising Out of PS. Case No.-371 Year-2017 Thana- SUGAULI District- East Champaran ======================================================
1. Dhruva Yadav @ Dhruv Yadav, son of Babu Lal Yadav
2. Sudarshan Yadav, Son of Babu Lal Yadav
3. Sikandar Yadav, Son of Babu Lal Yadav
4. Paras Yadav, Son of Surujman Yadav ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 420, 467, 468, 471, 384, 504 and 506/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Bachcha Prasad Yadav submitted to the Station House Officer, Sugauli Police Station to the effect the informant purchased a piece of land appertaining to Khata No. 307, Plot No.85 from Ratan Raut, his two brothers Dasharath Raut and Shambhu Raut and his mother Fulena Kuwar and since then he has remained in peaceful possession over the land in question. In the meantime, the accused persons including the petitioners,
Patna High Court Cr.Misc. No.9429 of 2018(2) dt.17-02-2018 2/3 being variously armed came at the house of the informant and demanded Rupees Two Lakh for allowing him to plough the land .
It is submitted by learned counsel for the petitioners that the petitioners are bona fide purchaser of the land in question. At earlier point of time, petitioner no.2 Sudarshan Yadav lodged Sugauli P.S. Case No. 128 of 2016 under sections 341, 342, 323, 324 and 307/34 of the I.P.C. against the informant and his family members. Moreover, there is delay of 15 days in lodging of the present case. The accusation has been levelled in the background of land dispute. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by Mr. J. N. Thakur, learned APP for the State that the petitioners are named in the FIR. Considering the accusation in the background of land dispute, the case lodged by the petitioners' side at earlier point of time and delayed lodging of the case, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of
Patna High Court Cr.Misc. No.9429 of 2018(2) dt.17-02-2018 3/3 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Sugauli P.S. Case No.371 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T