Chandan Kumar @ Chandan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6967 of 2024 Arising Out of PS. Case No.-510 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== CHANDAN KUMAR @ CHANDAN JHA Son of Surendra Jha Resident of Mohalla-Adarshnagar, Town, P.S. and District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shanker Singh, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Samastipur Muffasil PS case no. 510 of 2023, disclosing offences punishable under Sections 341, 323, 447, 448, 354, 307, 504, 506/34 of the Indian Penal Code. 3.

The prosecution story, as per the First Information report, is that on 28.11.2023 at about 7 am in the morning, the petitioner along with others entered into the house of the informant, abused him, assaulted his wife and upon protest being made by the informant, they threatened him of life. Subsequently, when the informant was at his tea shop, in the evening, the petitioner came along with his associates and fired

Patna High Court CR. MISC. No.6967 of 2024(2) dt.20-02-2024 2/3 3-4 rounds upon the informant with an intention to kill him. 4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to money dispute between the informant and the petitioner. He further submits that the informant is running a tea stall in the locality of the petitioner. He next submits that at the time of marriage of informant's daughter, the petitioner helped the informant by giving Rs. 9 lacs upon assurance that he would transfer land in favour of the petitioner but subsequently, the land was sold by the informant to some other person, however, a sale deed for another land was executed by the informant but deliberately, he had mentioned wrong khata and khesra number in the said sale deed. He also submits that the petitioner is a lawyer, practicing at District Court, Samastipur.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that there is a money dispute between the informant and the petitioner and no body has sustained firearm injury, allegedly made by the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his

Patna High Court CR. MISC. No.6967 of 2024(2) dt.20-02-2024 3/3 arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Samastipur in connection with Samastipur Muffasil PS case no. 510 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T