IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48541 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Ashok Kumar Baranwal Son of Shree Chanda Baranwal Resident of House No 291/ A, Kotwali Nagar ke Pichhe, Maire Chawani, Sadar, Sultanpur City, P.O. and PS- Sultanpur, Distt.- Sultanpur, U.P. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 21-01-2026 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. In pursuant to the order of this Court a supplementary affidavit is being filed, which is taken on record. 3. The petitioner apprehends his arrest in connection with Kudra P.S. Case No. 140 of 2025, registered for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 4. The wife of the informant has been running a firm in with the name of Sri Shyamji Enterprises and the informant manages the affairs of the firm. Allegedly on 29.12.2024, a huge quantity of grains were loaded on three trucks, which had been Patna High Court CR. MISC. No.48541 of 2025(4) dt.21-01-2026 2/3 sold to M/s Overseas and the grains were to be unloaded in the godown of M/s Overseas at Karnal, but all the three trucks did not reach to the destination. On enquiry, the informant came to know that the petitioner, who is said to be owner of the vehicle in question, has unloaded all the grains at different places. 5. Learned Advocate appearing on behalf of the petitioner taking this Court through the FIR contended that the occurrence as alleged in the FIR took place on 25.12.2024, but surprisingly the present FIR came to be instituted on 26.03.2025 without there being any plausible explanation for delay. In fact, the present FIR came to be instituted on a confusion; later on, the parties have settled the dispute, which has arisen on account of money transaction. An affidavit has also been filed before the Additional Chief Judicial Magistrate, Mohania for compounding the offence based upon the compromise. The aforesaid petition has brought on record by way of supplementary affidavit. It is lastly contended that the petitioner bears fair antecedent and he will fully cooperate in the proceeding of the Court. 6. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application. 7. Having considered the submissions advanced by Patna High Court CR. MISC. No.48541 of 2025(4) dt.21-01-2026 3/3 learned Advocate for the respective parties and taking note of the fact that the dispute has arisen on account of some commercial transaction which has now been compromised between the parties, besides the petitioner bears fair antecedent and the delay in lodging of the FIR, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 140 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T