IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1037 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- KHIRI MORE District- Patna ====================================================== 1. Nagmani Yadav Son of Balmiki Yadav Village- Mauri Bigha PS- Khiri More (Piyarpura), District- Patna 2. Shri Ram Yadav @ Shri Ram Kumar Son of Nagmani Yadav Village- Mauri Bigha PS- Khiri More (Piyarpura), District- Patna 3. Chandrama Yadav @ Chandrama Singh son of Ramdeo Yadav Village- Mauri Bigha PS- Khiri More (Piyarpura), District- Patna 4. Uday Yadav @ Uday Kumar son of Late Budhu Yadav Village- Mauri Bigha PS- Khiri More (Piyarpura), District- Patna 5. Brahmdeo Yadav Son of Late Shiv Nandan Yadav Village- Mauri Bigha PS- Khiri More (Piyarpura), District- Patna 6. Ramchhapit Yadav Son of Late Matufan Yadav @ Matukan Yadav @ Matuka Singh Village- Mauri Bigha PS- Khiri More (Piyarpura), District- Patna 7. Ganpat Yadav son of Bhawanath Yadav @ Raghunath Yadav Village- Mauri Bigha PS- Khiri More (Piyarpura), District- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. dinesh yadav@Teni yadav s/o late Nanhak yadav R/V-mauri Bigha Po-mauri PS- Khiri More Dist-Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 6 24-07-2025 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Khiri More (Piyarpura) P.S. Case no.188 of Patna High Court CR. MISC. No.1037 of 2025(6) dt.24-07-2025 2/4 2024 registered under sections 126(2), 115(2), 308(5), 338, 336(3), 340(1), 352 and 3(5) of the B.N.S, 2023. 3. The prosecution case as disclosed in the F.I.R is that accused persons have forcibly taken possession of the informant’s land for which a complain had been made to the Sarpanch and thereafter, the documents produced before the Lok Adalat appeared to be forged and the documents produced by the informant was rather found genuine and correct. It is further alleged that accused Chandrama Yadav @ Chandrama Singh (petitioner no.3) fled away from there and subsequently, confined the informant and pressurized them to return the said documents and also indulged in assault. 4. Learned counsel for the petitioners submits that the petitioners are the legal heirs of the person to whom the property originally belonged and the said property has been purchased by a valid sale deed which was produced before the authorities. However, an inquiry was conducted by the District Magistrate which has been brought on record by way of counter affidavit, it is indicated that in one of the deeds shown by petitioner no.3, the vendor and the vendee were found to be different whereas the second deed has been found to be correct. It has also been stated that jamabandi no. 27 has been found to Patna High Court CR. MISC. No.1037 of 2025(6) dt.24-07-2025 3/4 be existing in the name of Ram Deo Yadav who is the father of petitioner no.3 and other co-sharers who are the other petitioners. However, on the spot inspection, it has been found that petitioner no.3 and others had forcibly taken possession of the said land. It is next submitted that the matter involves a civil dispute and there is a claim and counter claim by both the parties. Further, allegation of assaulting the informant by the petitioners is not correct and the injury report of the injured informant is on record which shows that the injures suffered to the informant are simple in nature. The petitioners have no criminal antecedent and undertake to co-operate in investigation/trial. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that as per the inquiry conducted by the District Magistrate, the claim of petitioner no.3 (Chandrama Yadav) over the disputeed land was found baseless whereas claim of the Dinesh Yadav (informant) has appeared to be prima facie correct. 6. Considering the rival contention of the parties, it is clear that there is a claim and counter claim and no specific finding of forgery of document has been indicated and in such Patna High Court CR. MISC. No.1037 of 2025(6) dt.24-07-2025 4/4 view of the matter, I am inclined privilege of anticipatory bail to the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks in connection with Khiri More (Piyarpura) P.S. Case no.188 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. Harsh/- (Soni Shrivastava, J) U T