Single-judge bench granted pre-arrest bail to petitioners facing charges of cheating and forgery related to land acquisition compensation allegedly misappropriated via power of attorney.
Released on bail on furnishing bond of ₹10,000 each with two sureties; must surrender within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50644 of 2015
Arising Out of PS.Case No. -81 Year- 2014 Thana -PANDARAK District- PATNA ====================================================== 1. Krishnandan Prasad Yadav son of Late Nand Kishore Yadav 2. Mahendra Prasad Yadav @ Mahendra Prasad son of Late Nand Kishore Yadav Both are residents of village- Railee English, P.S.- Pandarak, District- Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Mr. S.N.Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-11-2015 Heard learned counsel for the petitioners and learned counsel for the complainant. The petitioners seek pre-arrest bail in connection with Pandarak P.S. Case No.81 of 2014 registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code as well as Section 27 of the Arms Act.
It is contended that the dispute, if any, is of civil nature. The mother of the complainant had executed a power of attorney in favour of petitioner no.1 Krishnandan Prasad Yadav on the strength of which he had received the award amount paid in respect of the land acquired by the State Government for the
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purpose of installing power plant of NTPC.
Learned counsel for the complainant has vehemently opposed the application filed on behalf of the petitioners. He has submitted that petitioner no.1 being the power of attorney holder of the mother of the complainant received the amount of award of the land which came in the share of the complainant and her sister and deposited the same in the account of his brother Mahendra Prasad Yadav (petitioner no.2).
Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in connection with Pandarak P.S. Case No.81 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Md.S./-
U T
1 issue framed by the court
Whether the petitioner is eligible for pre-arrest bail given the nature of allegations involving a civil dispute over land acquisition compensation?
3 provisions across 3 enactments
Krishnandan Prasad Yadav
Mahendra Prasad Yadav
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
