Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7810 of 2023 Arising Out of PS. Case No.-362 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== 1.

Chanchal Kumar Son Of Bala Kumar @ Bala Rai R/O Village- Thanpur, P.S.- Mahnar, District- Vaishali 2.

Ramesh Rai @ Ramesh Kumar Rai Son Of Late Misrilal Rai R/O VillageThanpur, P.S.- Mahnar, District- Vaishali 3.

Jay Prakash Rai Son Of Lakshman Rai R/O Village- Thanpur, P.S.- Mahnar, District- Vaishali 4.

Ranjan Kumar Son Of Sunil Rai R/O Village- Thanpur, P.S.- Mahnar, District- Vaishali 5.

Sanjay Kumar Ram @ Sanjay Kumar @ Sanjay Ram Son Of Mahendra Ram R/O Village- Parmanandpur, P.S.- Mahnar, District- Vaishali 6.

Kundan Kumar @ Kundan Ram Son Of Bishuni Ram R/O VillageParmanandpur, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307, 325, 379, 504 and 506 of the Indian Penal Code.

As per prosecution case, the informant returned back to his home after election revelry of Gram panchayat

Patna High Court CR. MISC. No.7810 of 2023(2) dt.13-04-2023 2/3 Mukhiya Candidate Ranjula Kumar, in the meantime, the petitioners along with other restrained the informant near house of Nirbhay Rai and assaulted him with lathi, danda, iron rod and farsa and brother of the informant came to protect him then all the accused persons assaulted his brother.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries, injuries were found simple in nature. Petitioners no. 1 and 3 to 6 have no criminal antecedent and petitioner no. 2 has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.7810 of 2023(2) dt.13-04-2023 3/3 the learned Court below where the case is pending/successor Court in connection with Mahnar P.S. Case No. 362 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T