Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 68063 (PAT)

Sagar Yadav v. The State of Bihar

CR. MISC./54959/2025 · 2025-08-22

Smt Soni Shrivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54959 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- SHANKARPUR District- Madhepura ====================================================== 1. Sagar Yadav Son of Late Laxmi Yadav R/o -Jharkaha, P.S-. Shankarpur, Distt. -Madhepura 2. Chandeshwari Yadav Son of Late Laxmi Yadav R/o -Jharkaha, P.S-. Shankarpur, Distt. -Madhepura 3. Umesh Yadav @ Umesh Kumar Yadav son of Late Laxmi Yadav R/o -Jharkaha, P.S-. Shankarpur, Distt. -Madhepura 4. Dinesh Yadav @ Dinesh Pd. Bidyakar son of Late Laxmi Yadav R/o -Jharkaha, P.S-. Shankarpur, Distt. -Madhepura ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Raghaw Kumar, Advocate For the Informant : Mr. Nafisuzzoha, Advocate For the State : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 22-08-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Shankarpur P.S. Case No. 92 of 2025 registered for the offences punishable under Sections 318(4), 318(2), 338, 336(3), 336(2), 337, 340(1), 340(2), 308(3), 351(2), 351(3) and 352 read with Section 3(5) of the B.N.S., 2023. 3. As per the prosecution case, the petitioners had purchased two katthas of land from the informant’s father through a registered sale deed, but later on, the petitioners Patna High Court CR. MISC. No.54959 of 2025(2) dt.22-08-2025 2/3 started claiming their ownership and possession over three bighas and two katthas of land of the informant by showing forged registered sale deeds in their names. 4. The learned counsel for the petitioners submits that as a matter of fact, the petitioners had purchased two katthas of land from the father of the informant in the year 1988 as stated in the FIR, but the khesra number was wrongly mentioned, so a correction was also made in the registered sale deed of 18.08.1989 (Annexure-2). He further submits that the petitioners are thus concerned only with the two katthas of land as described in the sale deed and they have no concern with the three bighas of land of the informant and his co-sharers as alleged in the FIR. The petitioners are rather agreeable on even appearing before the authorities concerned for the purposes of correction of the mutation documents and also undertake that they would not cause any disturbance to the informant in the peaceful possession of his property. 5. The learned counsel for the informant as well as the learned Additional Public Prosecutor for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail to the petitioners. 6. Considering the aforesaid facts and Patna High Court CR. MISC. No.54959 of 2025(2) dt.22-08-2025 3/3 circumstances of the case as well as the submissions made on behalf of the parties and also taking into consideration the fact that all four petitioners are own brothers who have a bona fide title of two katthas of land and they are even agreeable on helping the informant for the purposes of correction in the mutation documents, I am inclined to grant the privilege of anticipatory bail to the petitioners. Accordingly, let the petitioners, above-named, in the event of their arrest or surrender before the Court concerned within a period of four weeks, be released on anticipatory bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhepura, in connection with Shankarpur P.S. Case No. 92 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS. Shahnawaz/- (Soni Shrivastava, J) U T