Munna Kumar Yadav @ Munna Yadav @ Abhishek Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34646 of 2024 Arising Out of PS. Case No.-28 Year-2018 Thana- JANTA BAZAR District- Saran ====================================================== 1.

Munna Kumar Yadav @ Munna Yadav @ Abhishek Kumar Yadav S/O Sri Ramesh Yadav R/O Village- Baliya, P.S- Maharajganj, Distt.- Siwan. 2.

Rahul Kumar S/O Rama Shankar Prasad R/O Village- Baliya, P.SMaharajganj, Distt.- Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that inadvertently at para-3 of the anticipatory bail application, it has been pleaded that petitioner No. 1 is a person with clean antecedent when he has antecedent of one case. It is next submitted that petitioner No. 2 is a person with clean antecedent and the informant alleges that three unknown accused intercepted him and looted his motorcycle and two mobiles. It is

Patna High Court CR. MISC. No.34646 of 2024(3) dt.27-08-2024 2/3 next submitted that informant and petitioners are co-villagers and informant on coming to know that petitioners have been implicated in the case based on confessional statement of apprehended accused, denied the involvement of the petitioners and a compromise petition dated 28-2-2024 (Annexure-2) has been filed before the learned trial court.

4.

The learned APP, Shri Chandra Bhushan Prasad, submits that it absolutely does not stand to reason that if the petitioners were not involved in the occurrence and the informant came to know about the same, where was the occasion for him to compromise the case.

5.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Janta Bazar P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 6.

One of the bailors of the petitioners shall be their

Patna High Court CR. MISC. No.34646 of 2024(3) dt.27-08-2024 3/3 respective fathers, i.e., Ramesh Yadav and Rama Shankar Prasad.

7.

Further, it is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the compromise dated 28-2-2024 and in the event if the informant disputes the compromise, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T