Ranjit Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8312 of 2023 Arising Out of PS. Case No.-353 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

RANJIT PRASAD YADAV S/O RAM BABU PRASAD YADAV R/VSALEMPUR, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN 2.

RAJU KUMAR @ RAJU YADAV S/O RAM BABU PRASAD YADAV R/V- SALEMPUR, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN 3.

HARENDRA YADAV @ DHRENDRA RAI S/O MANAGER RAI R/VSALEMPUR, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN 4.

KUNDAN KUMAR S/O MAHADEV THAKUR R/V- SALEMPUR, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioners :

Ms. Mallika Mazumdar, Advocate For the State :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition in respect of petitioner no.4, Kundan Kumar as he has already been apprehended by the police during pendency of this bail petition.

2. Permission is granted.

3. Accordingly, this anticipatory bail petition is dismissed as withdrawn so far as petitioner no.4, Kundan Kumar is concerned.

4. Now, the instant anticipatory bail petition survives only against petitioners no.1, 2 and 3.

Patna High Court CR. MISC. No.8312 of 2023(3) dt.14-07-2023 2/3

5. Heard learned counsel for the petitioners and learned APP for the State.

6. Petitioners apprehend their arrest in connection with Muffasil P.S. Case No.353 of 2019, registered for the offence punishable under Sections 420, 467, 468 and 34 of the Indian Penal Code.

7. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got criminal antecedents as stated in paragraph-3 of the bail petition. It is further submitted that the dispute between the parties is civil in nature. A title suit being Title Suit No.303 of 2019 is going on between the parties. There is land dispute between the parties and the land belongs to the ancestor of the petitioners.

8. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

9. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.8312 of 2023(3) dt.14-07-2023 3/3 C.J.M., East Champaran, Motihari in connection with Muffasil P.S. Case No.353 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T