Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76229 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

Suresh Yadav Son of Late Budhan Yadav Resident of Village- Amwan, Tola Sewdhar, Bigha, P.S.- Bodh Gaya, District- Gaya. 2.

Bablu Yadav Son of Suresh Yadav Resident of Village- Amwan, Tola Sewdhar Bigha, P.S.- Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2019 It is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no. 1 has been arrested and as such he is not pressing the application so far as petitioner no. 1 is concerned.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner no. 2 has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 341,323,504,506,384 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.76229 of 2019(2) dt.26-11-2019 2/3 As per the allegation in the FIR, the informant states that the petitioners abused him and prevented him from cultivating the land in question and demanded a some of Rs. 2 lacs by way of rangdari. It is further stated that earlier the informant had paid a some of Rs. 50,000/-.

It is submitted by learned counsel for the petitioner that the petitioner no. 1 and the informant happen to be the cousin brothers and petitioner no. 2 is the son of petitioner no. 1. It is further submitted that from perusal of the agreement to sale entered into between the petitioner no. 1 and the informant which has been brought on record as Annexure 2 series to this application it would transpire that the dispute is one purely civil in nature and further the petitioner no. 2 has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case, the court is inclined to enlarge the petitioner no. 2 on bail. The petitioner no. 2, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Magadh Medical P.S. Case No. 152 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.76229 of 2019(2) dt.26-11-2019 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Gaya subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U