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Patna High CourtCR. MISC./3876/2025bail granted

Chandan Kumar v. The State Of Bihar

2025-02-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3876 of 2025 Arising Out of PS. Case No.-343 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Chandan Kumar S/o- Anil Ravidas R/o- vill Sahajpura, PS- Nardiganj, DisttNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard Mr. Saroj Kumar Choudhary, learned counsel appearing on behalf of the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Nardiganj P.S. Case No. 343 of 2024, registered for the offence punishable under Sections 126(2), 115(2), 352, 303(2), 351(2), 118(1), 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.), 2023.

3. As per the allegation made in the FIR, petitioner along with other co-accused, had assaulted the daughter of the informant by means of iron-rod on her head with an intention to kill her.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.3876 of 2025(2) dt.12-02-2025 2/3 been implicated in the present case. He further submitted that the genesis of the alleged incidence is because the children of both the sides were playing and in that they were indulged into quarrel, and in course of the same an altercation took place and both the sides entered into fierce fight and in the self- defence, petitioner may have caused some injury to the daughter of the informant without intention, in which, the allegation against the petitioner is that he had assaulted the daughter of the informant on her head, who sustained simple injury. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Nawada, in connection with Nardiganj P.S. Case No. 343 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S, 2023.

Patna High Court CR. MISC. No.3876 of 2025(2) dt.12-02-2025 3/3

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T