Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7281 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- HISUWA District- Nawada ====================================================== CHANDAN KUMAR Son of Channu Singh R/V- Oraina, P.S- Muffasil, DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 307, 353, 504, 427 of the Indian Penal Code. The informant alleges that on 30.04.2022, while they proceeded from the police station for conducting raid against liquor mafia and when they reached village Barauhna where they saw three sand loaded tractors which were apprehended but, thereafter, 8-10 accused persons on five motorcycles came and assaulted the police personnel and injured them and also took away the tractor from the custody of the police, it is further submitted that two motorcycles were seized along with a mobile of the accused which fell at the place of occurrence.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

Patna High Court CR. MISC. No.7281 of 2023(2) dt.24-05-2023 2/2 Learned counsel next submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner is not the owner of the seized motorcycle or the mobile, further, allegation of assault is also general and omnibus in nature, it is next submitted that he petitioner came to be implicated at the instance of chowkidar with whom he is on an inimical term when admittedly, the petitioner is a person with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hisua P.S. Case No. 226 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T