Suresh Kumar Yadav @ Suresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47520 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== SURESH KUMAR YADAV @ SURESH YADAV SON OF BUCHCHAN YADAV R/O- CHAKKI LACHUMAN DERA, P.S.- BRAHMPUR (CHAKKI O.P. BARIYAR), DISTT.- BUXAR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
ADITYA NARAIN SINGH @ GADDU SINGH SON OF LATE OM PRAKASH SINGH VILLAGE- SHEOPUR, DIAR NAI BASTI, P.S.- DUBHARHA, DISTT.- BALIA (U.P.), AT PRESENT VILLAGESHEOPUR, DIAR NUMBERY HARDEO SINGH KE DERA, P.O. SHEOPUR DIAR SOMALI, P.S. KOTWALI, BALIA (U.P.) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rewti Raman, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 of the IPC in connection with Buxar Town P.S. Case No.26 of 2024.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is also submitted that from perusal of the allegation as alleged in the
Patna High Court CR. MISC. No.47520 of 2024(2) dt.27-08-2024 2/3 FIR, it would manifest that the dispute is purely civil to which a criminal colour has been given. It is also submitted that the informant realizes his mistake has compromise the case with the petitioner for which a compromise petition dated 25.06.2024 has been filed before the learned Trial court.
4. The learned APP submits that though it has been submitted that a compromise has been filed before the learned Trial court, but then the said compromise is not on record.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S. Case No.26 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify from the informant with regard to the genuineness of the compromise, in the event if the informant dispute the compromise, in that event the present anticipatory order shall not be given effect to.
Patna High Court CR. MISC. No.47520 of 2024(2) dt.27-08-2024 3/3
7. A copy of the compromise is kept on record.
8. The anticipatory bail application stands allowed. (Satyavrat Verma, J) Prakash Narayan U T