Munna Yadav @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8716 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== 1.
Munna Yadav @ Munna Kumar S/O Anil Yadav R/O Village- Ismailpur, P.S.-Ismailpur, District-Bhagalpur 2.
Brajrangi Goswami @ Bajrangi Kumar @ Bajrangi Goswami S/O Bijay Goswami R/O Village- Ismailpur, P.S.-Ismailpur, District-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocarte For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Ismailpur P.S. Case No.-122 of 2024, registered for the offences punishable under Sections 126(2), 118(2), 109(1), 303(2), 352 and 3(5) of B.N.S., 2023 and Section 27 of the Arms Act.
3. As per allegation, the informant had altercation with co-accused Sumit Yadav regarding giving side on road and thereafter, Sumit Yadav along with other co-accused, including the petitioners surrounded the informant on road and co-accused Aman Yadav fired at the informant/Guddu Kumar from his
2/4 pistol with intent to kill him, besides snatching of Rs. 5,000/- from his pocket. Initially, the FIR was lodged for attempt to murder, but subsequently, the informant died and offence of murder has been added in the FIR.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as per allegation, the main assailant was the co-accused, Aman Yadav and occurrence had taken place on account of altercation with the co-accused Sumit Yadav. He further submits that the petitioners have neither any enmity with the informant, nor is there any specific allegation against them and they have been implicated in this case on account of being the family members or friend of co-accused, Aman Yadav. He further submits that both the petitioners are youngster of about 21 years of age and students of intermediate and if they are not released on anticipatory bail, their careers may be spoiled for their no fault.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
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7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the fact that there is no specific allegation against the petitioners, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Ismailpur PS. Case No.-122 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,
4/4 learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T