Sujit Kumar @ Sujit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55282 of 2021 Arising Out of PS. Case No.-212 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Sujit Kumar @ Sujit Yadav, Son of Kamlesh Yadav, Residence of Village - Ghanshyam Bigha, P.S. - Makhdumpur (Tehta O.P.), Dist.- Jehanabad ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner apprehends his arrest in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 212 of 2021 registered for offences under Sections 147, 148, 149, 341, 323, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act.

It has been submitted that the parties have entered into a compromise.

Considering the fact that the parties have entered into a compromise and if the petitioner is sent to jail then it will

Patna High Court CR. MISC. No.55282 of 2021(2) dt.24-05-2022 2/3 enhance the enmity between the parties, this anticipatory bail application is allowed.

Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 212 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, before accepting the bail bonds of the petitioner, the Court below shall verify the veracity of the compromise. If the informant supports the compromise then, the bail bonds of the petitioner shall be accepted by the Court below. If the informant denies the compromise, in such a situation, the Court below shall not accept the bail bonds of the petitioner and he shall be taken into custody. Initially, the Court below shall release the petitioner on provisional bail and thereafter will call for a report about the criminal antecedent of the petitioner. If it is found that the petitioner has clean antecedent, then the provisional bail of the petitioner shall be confirmed by the Court below. However,

Patna High Court CR. MISC. No.55282 of 2021(2) dt.24-05-2022 3/3 if it is found that the petitioner has criminal antecedent(s), in such a situation, the provisional bail of the petitioner shall be cancelled and he shall be taken into custody. (Sandeep Kumar, J) pawan/- U T