Mundrika Yadav @ Muni Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51729 of 2024 Arising Out of PS. Case No.-46 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Mundrika Yadav @ Muni Lal Yadav, aged about 24 years, Gender-Male, Son of Sadhu Yadav alias Sukhdev Yadav, Resident of Vill- Maliya, P.S.- Chanan, District- Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rabi Bhushan, Advocate For the Opposite Party :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Chanan P.S. Case No. 46 of 2023 dated 01.04.2023 registered for the offences punishable under Sections 341, 342, 323, 307, 384, 386/34 of the I.P.C. and Sections 25(1-B)a, 26 and 27 of the Arms Act.

3. As per the prosecution case, the co-accused Vicky Yadav demanded Rs. 50 Lacs as rangdari but this was not taken seriously by the informant. On 30.03.2023 at about 9.30 A.M., the D.O. counter of Computer Operator Gabbar Singh, the petitioner and the co-accused persons alongwith 4 unknown persons came to Malia and assaulted Gabbar Singh and told that

Patna High Court CR. MISC. No.51729 of 2024(2) dt.20-09-2024 2/3 he had already told his owner for paying Rs. 50 lacs but that was not paid. This information was given to Sakaldeo Bind. Further, Vicky Singh with his associates fired on Gabbar Singh with an intention to kill but the same passed near his ear and looted Rs. 9 lacs from the cash counter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the specific allegation of firing is against the co-accused Vicky Yadav. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from the possession of the petitioner. The said co-accused Vicky Yadav @ Vikash Yadav has already been granted regular bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 23062 of 2024 under order dated 04.04.2024. Similarly the other co-accused Suro Yadav has already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 6307 of 2024 under order dated 04.03.2024, annexed as Annexure-P/2 to the present bail application. The petitioner has two criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application. 5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.51729 of 2024(2) dt.20-09-2024 3/3

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st Lakhisarai, in connection with Chanan P.S. Case No. 46 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T