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Patna High CourtCR. MISC./56746/2023allowed

Manoj Kumar v. The State Of Bihar

2024-02-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56746 of 2023 Arising Out of PS. Case No.-2239 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Manoj Kumar S/O- Chhotelal Yadav Village- Ladma, P.S- Kahalgaon, District- Bhagalpur 2.

Shyam Yadav @ Shyam Kumar Yadav Son Of Late Jagdish Yadav VillageBrahmachari Tola Ps- Ghogha Dist- Bhagalpur 3.

Govind Mandal Son Of Sitaram Mandal Village- Shahpur Ps- Kahangaaon Dist- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pankaj Yadav son of Shyam Babu Yadav Village- Janidih Ps- Ghogha DistBhagalpur, At present R/o- Postal Colony Barari Ps- Barari Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 406, 420, 341, 342, 323, 379, 504, 506/34 of the Indian Penal Code.

3. As per FIR, the petitioners after taking the consideration money has not executed the sale deed in favour of the complainant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.56746 of 2023(4) dt.27-02-2024 2/2 this case. He submits that there is compromise between the parties which has not been denied by the learned counsel for the complainant. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is compromise between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 2239 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T