Jaipal Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Jaipal Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted conditionally: petitioners to surrender before the Court below within four weeks; upon arrest or surrender in connection with Siwan Muffasil P.S. Case No. 253 of 2024, to be enlarged on bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Siwan Muffasil P.S. Case No. 253 of 2024, are entitled to be enlarged on anticipatory bail.

Court's answer

This Court is inclined to enlarge the petitioners on bail: they are directed to surrender before the Court below within four weeks, and in the event of arrest or surrender in connection with Siwan Muffasil P.S. Case No. 253 of 2024 they will be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail — Allowed. Patna High Court (Ashok Kumar Pandey, J.), Criminal Miscellaneous No. 79756 of 2024, order dated 28-11-2024, arising out of Siwan Muffasil P.S. Case No. 253 of 2024 (offences under Sections 323, 379, 467, 468, 471, 420, 406, 504, 506, 120B/34 IPC). Petitioners Jaipal Yadav and Sudama Chaudhary, apprehending arrest in the said FIR — which alleged that the informant purchased one katha of land for Rs. 35,000,00/- and was stopped from construction, with accused no. 3 pointing a gun and threatening dire consequences — were ordered enlarged on bail upon surrender within four weeks or upon arrest: bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to conditions under section 438(2) Cr.P.C. Petitioner's contention that the matter was essentially a civil land dispute and the gun-pointing allegation lay against petitioner no. 2 only reflects counsel's submission, not a finding of this Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79756 of 2024

Arising Out of PS. Case No.-253 Year-2024 Thana- SIWAN MUFFASIL District- Siwan

======================================================

Jaipal Yadav S/o- Sudama Chaudhary Resident of Village- Kandhwara PSSiwan Mufassil District-Siwan

Sudama Chaudhary S/o- Late Kailash Chaudhary Both of Resident of Village- Kandhwara PS-Siwan Mufassil District-Siwan

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prabhakar Singh, Advocate For the Opposite Party/s : Mr.Arun Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 28-11-2024

Heard learned counsel for the petitioners and learned

APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with Siwan Muffasil P.S. Case no. 253 of 2024 instituted for the offence under Sections 323, 379, 467, 468, 471, 420, 406, 504, 506, 120B/34 of the Indian Penal Code.

3. The prosecution case is that the complainant/informant has purchased one katha of land from accused nos. 4 & 5 for an consideration amount of Rs. 35,000,00/-. It is further alleged that on 28.01.2024 when the informant started construction and has collected construction

Patna High Court CR. MISC. No.79756 of 2024(2) dt.28-11-2024 2/3

material at that time accused no. 1, 2 and 3 stopped him from construction. It is further alleged that accused no. 3, pointed gun and threatened him of dire consequences. Accordingly, the FIR.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and has falsely been implicated in connection with the present case. From the entire story of the complainant/informant, it transpires that there is land dispute and the entire dispute seems to be a civil in nature. The only allegation of pointing gun is against the petitioner no. 2. No one has received any injury. It is an attempt to get the civil dispute resolved to criminal case which is not permitted.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Siwan Muffasil P.S. Case no. 253 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.79756 of 2024(2) dt.28-11-2024 3/3

Magistrate, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J)

Jagdish/-

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