Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5954 of 2023 Arising Out of PS. Case No.-561 Year-2022 Thana- PIRO District- Bhojpur ====================================================== 1.

CHANDAN KUMAR Son of Hare Ram Prasad (Paswan) Resident of Village and Police Station- Piro, District- Bhojpur 2.

KUNDAN KUMAR @ KUNDAN Son of Hare Ram Prasad (Paswan) Resident of Village and Police Station- Piro, District- Bhojpur 3.

SURAJ BHAN Son of Hare Ram Prasad (Paswan) Resident of Village and Police Station- Piro, District- Bhojpur 4.

BRIJU KUMAR PASWAN Son of Hare Ram Prasad (Paswan) Resident of Village and Police Station- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 307, 504, 379/34 of the Indian Penal Code.

It is alleged that all the F.I.R named accused persons including these petitioners abused and assaulted the informant, her daughter, husband and nanad near police station gate in which they sustained injury and they snatched mobile, golden chain, ear ring and ten thousand rupees.

Patna High Court CR. MISC. No.5954 of 2023(4) dt.04-07-2023 2/2 It is submitted that allegation of assault against these petitioners is general and omnibus. No specific overt act is alleged against these petitioners. On account of land dispute, an altercation took place between the parties. Case and counter case. Doctor has found simple injury. It is further submitted that prior to the present occurrence petitioner no.4 namely (Birju Kumar Paswan) had already lodged the criminal case against the informant at her family member's on 13.04.2022 vide Piro P.S. Case No. 192 of 2022. Peitioners claim clean antecedent. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.

10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Piro P.S. Case No 561 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T