Mani Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42905 of 2025 Arising Out of PS. Case No.-2524 Year-2024 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Mani Bhushan Yadav S/o Late Sathu Ray R/o Vill- Marvara Kishunpura, P.S.- Tariyani, Distt- Sheohar 2.

Shashi Bhushan Ray S/o Late Satho Ray R/o Vill- Marvara Kishunpura, P.S.- Tariyani, Distt- Sheohar 3.

Rakesh Ray @ Rakesh Kumar S/o Late Sathu Ray R/o Vill- Marvara Kishunpura, P.S.- Tariyani, Distt- Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nathuni Thakur S/o Late Anandi Thakur R/o Vill- Manikpura, P.S.- Minapur, Distt- Muzaffapur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Jha, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP Mr.Basant Kr. Tripathy, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2026 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 420, 468/34 of the Indian Penal Code.

3. It is alleged that concealing the previous sale and conveyance, petitioners are alleged to have executed fresh saledeed in favour of complainant/opposite party no. 2 after receiving consideration money of Rs. Seven Lakhs.

4. Learned counsel for the petitioners submits that it was a bona-fide mistake on the part of the petitioners and as

Patna High Court CR. MISC. No.42905 of 2025(5) dt.08-01-2026 2/3 such, petitioners are ready to return the alleged money of Rs. Seven Lakhs in each installment, for which, learned counsel for the opposite party no. 2 does not oppose.

5. In the facts and circumstances of the case, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 2nd Class, (East) Muzaffarpur in connection with Complaint Case No. 2524 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S. with further following conditions:

"(A) At the time of furnishing bail-bonds, the petitioners shall refund Rs. 3,50,000/- (three lakhs & fifty thousand) through Bank Draft in favour of Nathuni Thakur (complainant / opposite party no. 2).

(B) Rest amount i.e. Rs. 3,50,000/- shall be refunded to the opposite party no. 2 through Bank Draft in 2 (two) installments within a period of six months from the date of furnishing bailbonds. (C) If petitioners fail to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bonds of the petitioners."

Patna High Court CR. MISC. No.42905 of 2025(5) dt.08-01-2026 3/3

6. It is made clear that aforesaid order has been passed only for considering the prayer for anticipatory bail without going into the merit of the case.

(Prabhat Kumar Singh, J) anay U T