Munna Yadav @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52411 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Munna Yadav @ Munna Kumar Son Of Keshav Yadav R/O VillageKiyakhap, P.S. And Post- Rafiganj, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54425 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

MANOJ YADAV Son of Rajendra Yadav Resident of Village - Kiakhap, P.S.- Rafiganj, Distt.- Aurangabad.

2.

SHASHIKANT YADAV SON OF RAJENDRA YADAV Resident of Village - Kiakhap, P.S.- Rafiganj, Distt.- Aurangabad. 3.

RANI KUMARI @ RANI DEVI W/O MANOJ YADAV Resident of Village - Kiakhap, P.S.- Rafiganj, Distt.- Aurangabad. 4.

VINOD KUMAR JAIN SON OF GULJARI LAL JAIN Resident of Village - Kalali Road, Rafiganj, P.S.- Rafiganj, Distt.- Aurangabad. 5.

SUDHIR KUMAR JAIN SON OF GULJARI LAL JAIN Resident of Village - Kalali Road, Rafiganj, P.S.- Rafiganj, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 52411 of 2022) For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 54425 of 2022) For the Petitioner/s :

Mr. Krishana Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioners and learned APP for the State in

Patna High Court CR. MISC. No.52411 of 2022(2) dt.13-01-2023 2/3 Virtual Court Proceeding.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioners are apprehending arrest in connection with Rafiganj P.S. Case No. 136 of 2022 under sections 386, 389, 420, 467, 406, 120(B) of the Indian Penal Code.

As per the allegation in the FIR, the informant, Vinay Kumar has alleged that the accused persons under conspiracy got the land of his brother Ranjan Kumar executed,though, he has suffering from ailment and in that way, they suffered financial loss.

Learned Senior Counsel has taken this Court to one of the sale deed executed by Ranjan Kumar in 2006 in which the informant Vinay Kumar himself appeared as a witness. The learned APP opposes the prayer for grant of anticipatory bail.

Taking into account the aforesaid facts that in the execution of one of the sale deed of Ranjan Kumar, the informant himself appeared as one of the witness, it is certainly a civil dispute and further the petitioners do not have criminal antecedents, this Court is inclined to grant relief.

Patna High Court CR. MISC. No.52411 of 2022(2) dt.13-01-2023 3/3 Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 136 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T