Patna High Court – Orders
Virendra Prasad @ Surendra Prasad vs The State Of Bihar on 7 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84360 of 2024
Arising Out of PS. Case No.-381 Year-2023 Thana- BODHGAYA District- Gaya
======================================================
1. Krishna Yadav @ Sadhu Ji @ Krishna Prasad @ Krishana Yadav Son of
Late Chamari Yadav
2. Lakhan Yadav @ Ram Lakhan Kumar @ Lakhan Kumar @ Ramlakhan
Prasad Son of Krishna Yadav @ Sadhu Ji @ Krishna Prasad @ Krishana
Yadav Resident of Village- Pachatti, P.S.- Bodh Gaya, Distt.- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahanth Triveni Giri Resident of Bodhgaya Math, P.S Bodhgaya District
Gaya
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 11307 of 2025
Arising Out of PS. Case No.-381 Year-2023 Thana- BODHGAYA District- Gaya
======================================================
1. Virendra Prasad @ Surendra Prasad Son of Kamta Mahto R/o village-
Bataspur, ps- Bodh Gaya, Dist- Gaya
2. Shankar Kumar @ Shibu Prasad son of Late Bodhi Mahto @ Late Baudhu
Mahto R/o village- Barkail, Ps- Fatehpur, Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahant Triveni Giri Son of not known R/v Bodhgaya Math, P.S. Bodhgaya,
Dist. Gaya
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 84360 of 2024)
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
(In CRIMINAL MISCELLANEOUS No. 11307 of 2025)
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Dinesh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 07-07-2025
Heard Mr.Aryan Singh, learned counsel for the
Patna High Court CR. MISC. No.84360 of 2024(5) dt.07-07-2025
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petitioners, Mr.Bhanu Pratap Singh, learned Additional Public
Prosecutor for the State (Cr.Misc.No.84360/2024) and
Mr.Arvind Kumar Singh, learned counsel for the petitioners
and Mr.Dinesh Singh, learned Additional Public Prosecutor
for the State (Cr.Misc.No.11307/2025).
2. The petitioners are apprehending their arrest in
connection with Bodh Gaya P.S. Case No.381 of 2023,FIR
dated 30.04.2023 registered for the offences punishable under
Sections 188,447,427,420,506 and 34 of IPC.
3. Allegation against the petitioners are of illegally
encroaching/occupying the land of Math of Body Gaya and
also of constructing the building over the land.
4. Learned counsel for the petitioners submits that
petitioners, namely, Krishna Yadav @ Sadhu Ji @ Krishna
Prasad @ Krishna Yadav, Lakhan Yadav @ Ram Lakhan
Kumar @ Lakhan Kumar @ Ramlakhan Prasad and Virendra
Prasad @ Surendra Prasad have clean antecedent and
petitioner namely, Shankar Kumar @ Shibu Prasad carries
one more case other than the present one and he is on bail in
the pending matter. Learned counsel for the petitioners
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioners have not committed any offence
Patna High Court CR. MISC. No.84360 of 2024(5) dt.07-07-2025
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as alleged in the FIR. As per allegation in the FIR which was
filed by Mahanth of Bodh Gaya Math alleging therein that the
petitioners have encroached the land of Body Gaya Math and
the same is institution registered under the Bihar Religious
Trust Board bearing Registration No.934. Learned counsel for
the petitioners submits that the Chairman of the Math in
question is the District Magistrate and he has the power under
the Act to remove the encroachment which was occupied by
any person in the entire district and the present FIR has been
instituted only to harass the petitioners. In fact the petitioners
have objected to some affairs of the Math so petitioners have
falsely been implicated in the present case.
5. Learned counsel for opposite party No.2 has filed
a counter affidavit stating therein that the petitioners have
encroached the land in question it is very unfortunate for
sorry affairs of the State of Bihar that the District Magistrate
has authorized the Circle Office to file an affidavit and the
District Magistrate has stated in the counter affidavit that
some persons have encroached the land in question including
the petitioners but they are not in a position to remove the
encroachment over the land in question.
6. Considering the aforesaid facts, let the
Patna High Court CR. MISC. No.84360 of 2024(5) dt.07-07-2025
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petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs.10,000 (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Gaya in connection with
Bodh Gaya P.S. Case No.381 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS, 2023 and with
other following conditions:-
(I) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the
Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioners and in
case at any stage, it is found that the petitioners have
Patna High Court CR. MISC. No.84360 of 2024(5) dt.07-07-2025
5/5concealed their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners. However,
the acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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