Vikram Kumar @ Fantus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52700 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Vikram Kumar @ Fantus Son of Late Devendra Singh Resident of VillMalathia, P.S.- Wazirganj, District- Gaya 2.

Pawan Kumar @ Pawan Singh Son of Late Ramanuj Singh Resident of VillSingthia, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advocate Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2024

1. Heard learned counsel for the petitioners, Mr. Santosh Kumar Pandey assisted by learned advocate, Mr. Rakesh Kumar Sharma as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 504/34 of the IPC and Section 138 of the N.I. Act in connection with Wazirganj P.S. Case No.42 of 2024.

3. The learned counsel for the petitioners at the outset submits that the dispute is purely civil to which a criminal colour has been given and the parties have compromised, as

Patna High Court CR. MISC. No.52700 of 2024(3) dt.28-08-2024 2/3 such no useful purpose would be served by sending the petitioners to jail.

4. The learned APP submits that though a submission has been made that petitioners and the informant has compromised the case, but then there is nothing on record to suggests the same, on which the learned advocate appearing on behalf of the petitioners submit that he has instructions to make submissions on behalf of the petitioners that the dispute has been compromised and a petition to that effect shall also be filed before the learned trial court.

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 Court below within a period of six weeks, are directed to be released on anticipatory bail on their 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 Additional Chief Judicial Magistrate, Ist, Gaya in connection with Wazirganj P.S. Case No.42 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. However, it is made clear that the learned trial court before accepting the bail bonds of the petitioners shall

Patna High Court CR. MISC. No.52700 of 2024(3) dt.28-08-2024 3/3 verify from the informant that as to whether the dispute in between the petitioners and the informant has been compromised or not, in the event if the informant disputes the compromise, in that event, the present anticipatory bail order shall not be given effect to.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T