Patna High Court – Orders
Vijay Kumar Yadav vs The State Of Bihar on 7 April, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12496 of 2025
Arising Out of PS. Case No.-135 Year-2019 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Indradev Yadav S/O Late Babaji Yadav R/V- Akonama, P.S- Kusheshwar
Asthan, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 11804 of 2025
Arising Out of PS. Case No.-135 Year-2019 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
1. Lorik Yadav S/O Late Anand Yadav @ Late Anandi Yadav R/O Village-
Mahisaut, P.S- Kusheshwar Asthan, Distt.- Darbhanga.
2. Ranjit Yadav S/O Late Anand Yadav @ Late Anandi Yadav R/O Village-
Mahisaut, P.S- Kusheshwar Asthan, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 16929 of 2025
Arising Out of PS. Case No.-135 Year-2019 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Vijay Kumar Yadav Son of Dev Narayan Yadav Resident of Village-
Mahisout, P.S.- Tilkeshwar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 12496 of 2025)
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Amitesh Kumar
Patna High Court CR. MISC. No.12496 of 2025(2) dt.07-04-2025
2/4
(In CRIMINAL MISCELLANEOUS No. 11804 of 2025)
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Bharat Lal
(In CRIMINAL MISCELLANEOUS No. 16929 of 2025)
For the Petitioner/s : Mr. Arun Kumar Tiwari
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-04-2025
1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Kusheshwara Asthan Police Station Case No. 135
of 2019, disclosing offences under Sections 467, 468, 471,
120(B) of the Indian Penal Code.
3. As per the FIR, a plot having Khesra No. 109,
242, 29, Khata No. 237 (new), situated in Mauza Mehsaout alias
Narkatiya Thana No. 232, PS Kusheshwara Asthan, District
Darbhanga measuring area 23 bigha 15 katha was shown as
Anawad Bihar Sarkar and was settled in the name of informant
under Section 106 of the BT. Act and, subsequently, corrected in
favour of informant and another villagers and they are in
peacefully possession over the said land. It has been alleged in
the FIR that the petitioners prepared a fake documents of the
khatiyan, got it corrected in Suit No. 815/2004 and 3846/86 in
their favour and on the basis of said forged documents the
accused persons gave petition before the SHO, Tilkeshwar
Patna High Court CR. MISC. No.12496 of 2025(2) dt.07-04-2025
3/4
Asthan and the C.O. get the said document inquired from the
Asst. Bandobast Officer and informed that the documents were
not issused from the office of Bandobast Officer.
4. Learned Counsel for the petitioners submits that
the petitioners have falsely been implicated in the present case
on the basis of concocted and false story. Learned counsel next
submits that Khatiyan has been prepared in favour of the
petitioner and case between the parties is pending before the
Bihar Land Tribunal vide case no. 385 of 2021. A Title Suit No.
27 of 2023 pertaining to the land in question is pending between
the parties before the Sub-Judge, Biraul. The proceeding under
Section 144 of the Cr.P.C. is also going on between the parties
vide MR Case No. 145 of 2022. Relying upon the order dated
19.02.2025 passed in Cr. Misc. no. 4014 of 2025, learned
counsel submits that similarly situated co-accused persons have
been granted anticipatory bail in Cr. Misc. No. 4014 of 2025,
dated 19.02.2025, by a Co-ordinate Bench of this Court.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
there is land dispute between the parties and the similarly
situated co-accused persons have been granted anticipatory bail
by a Co-ordinate Bench of this Court, I am inclined to grant the
Patna High Court CR. MISC. No.12496 of 2025(2) dt.07-04-2025
4/4
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Biraul, Darbhanga, in connection with Kusheshwara
Asthan Police Station Case No. 135 of 2019, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T