Manmohan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76207 of 2023 Arising Out of PS. Case No.-861 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Manmohan Prasad Son Of Late Ram Naresh Singh Resident Of VillageSerullahpur, Nand Gaon, Near Gandhi Murti, Ps- Shastri Nagar, Distt- Patna .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP Mr. Sumit Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2024
1. Heard learned counsel for the petitioner, learned APP for the State along with learned counsel appearing on behalf of the O.P. No.2.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code.
3. The learned counsel for the informant at the outset very fairly submits that the submission of the learned counsel for the parties stands recorded in detail in Cr. Misc. No.79388 of 2023 ( Manmohan Prasad Vs. The State of Bihar & Anr.).
4. It is next submitted that the case i.e. Cr. Misc. No.79388 of 2023 has been referred to a learned mediator of the Patna High Court for resolving the dispute in between the petitioner and the O.P. No.2 (informant herein).
Patna High Court CR. MISC. No.76207 of 2023(3) dt.19-04-2024 2/3
5. It is next submitted that the allegation as alleged in Complaint Case No.10091 of 2022 from which Cr. Misc. No.79388 of 2023 arises is akin to what has been alleged in the instant FIR by the informant against the petitioner.
6. It is thus very fairly submitted that since the dispute in between the petitioner and the informant has been referred for mediation in Cr. Misc. No.79388 of 2023 and the allegation in the instant case is nearly verbatim the same, as such the O.P. No.2 is not opposing the anticipatory bail application of the petitioner, but then it is also submitted that the grant of anticipatory bail in the instant case should not be relied by the petitioner for seeking anticipatory bail in Cr. Misc. No.79388 of 2023 on the basis of parity.
7. The learned counsel appearing on behalf of the petitioner concurs with the submission of the learned counsel appearing on behalf of the informant.
8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.76207 of 2023(3) dt.19-04-2024 3/3 satisfaction of the learned Sub-Judge,IX-cum-ACJM, IX, Patna in connection with Shastri Nagar P.S. Case No.861 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T