Munna Kumar @ Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37441 of 2024 Arising Out of PS. Case No.-33 Year-2019 Thana- SIMULTALLA District- Jamui ====================================================== 1.

Munna Kumar @ Munna Yadav Son Of Nageshwar Yadav Resident Of Village - Taron, P.S. - Simultala, District - Jamui 2.

Singheshwar Yadav Son Of Late Chetlal Yadav Resident Of Village - Taron, P.S. - Simultala, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2024 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 Sections 341, 323, 307, 354, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that the petitioner No. 1 is a person with clean antecedent and petitioner No. 2 has antecedent of one case and they have falsely been implicated in the instant case by the informant. It is further submitted that police after investigation submitted final form exonerating the petitioners of the allegation but then the learned trial court, differing with the police report, took cognizance and

Patna High Court CR. MISC. No.37441 of 2024(2) dt.16-05-2024 2/2 thus petitioners apprehend arrest.

4.

It is next submitted that since one investigating agency after threadbare investigation had come to a considered conclusion that petitioners are innocent, whether it would be prudent to send the petitioners to jail based on same investigation based on which cognizance has been taken. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

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. 10,000/- (Rupees Ten 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 Simultalla P.S. Case No. 33 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T