In an anticipatory bail matter arising from a criminal case alleging cheating and forgery, the High Court released the petitioner on bail upon furnishing bond and sureties, noting the civil nature of the underlying dispute.
Petitioner released on bail subject to furnishing a bond of Rs. 10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72496 of 2018
Arising Out of PS. Case No.-103 Year-2018 Thana- LAXMIPUR District- Jamui *
======================================================
Rabindra Yadav, Son of Sri Naurangi Yadav, Resident of Village-Gidhaur,P.S. Gidhaur,Distt.-Jamui
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Saket Gupta, Advocate. Mr. Prakash Kumar, Advocate. For the Opposite Party/s : Mr. Rajesh Kr. Sinha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
4 12-03-2019
Heard learned counsel for the petitioner, learned
counsel for the informant and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Laxmipur (Gidhaur) P.S. Case No. 103 of 2018 registered under Sections 420, 467 and 468/34 of the Indian Penal Code.
The accusation is that, on 05.02.2016, petitioner along with his brother Chandan Yadav and father Naurangi Yadav executed an agreement to sale the land in favour of informant, Priyanka Kumari and at that time, they had taken Rs.65,000/- as advance. When the informant approached to petitioner, his brother and father to execute the sale deed then they did not take any heed. Thereafter, informant gave an
Patna High Court CR. MISC. No.72496 of 2018(4) dt.12-03-2019 2/2
application before the Gram Kachri, Parsand, where in spite of notice, they did not appear and due to that reason, order could not be passed.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive. Moreover, the contents of the F.I.R. itself indicates that the dispute is of civil in nature and petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Jamui, in connection with Laxmipur (Gidhaur) P.S. Case No. 103 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in a criminal case based on a civil land dispute.
Colour shows how this judgement treated each authority
Section 438(2) of the Cr.P.C.Distinguished¶20
Rabindra Yadav
The State of Bihar
Priyanka Kumari
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
