Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8111 of 2023 Arising Out of PS. Case No.-475 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== CHANDAN KUMAR, aged about 22 years, Male, S/o D.N. Singh @ Dev Narayan Singh, R/o village- Ward No. 2, Lohargir Deeh, P.S.- Ujiarpur, DisttSamastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhirendra Kumar, Advocate For the Opposite Party :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Samastipur (Muffasil) P.S. Case No. 475 of 2022 for the offence registered under Sections 279, 337, 338 of the I.P.C., Section 37(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on 22.10.2022, three persons caused an accident to a child. One of them, namely, Kundan Kumar, who created nuisance under influence of liquor and threatened to shoot the people

Patna High Court CR. MISC. No.8111 of 2023(2) dt.20-04-2023 2/3 was arrested and he disclosed the name of absconding persons as Rakesh Kumar and Chandan Kumar (petitioner). One loaded country made pistol alongwith two live cartridges was also recovered from his possession. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner after causing accident to a child, fled away from the place of occurrence and his friend, namely, Kundan Kumar, was arrested on the spot with arms in inebriated condition. The petitioner is named in the F.I.R.

The name of the petitioner has transpired in the present case on the basis of confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.

Patna High Court CR. MISC. No.8111 of 2023(2) dt.20-04-2023 3/3 Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Samastipur or concerned court where the case is pending, in connection with Samastipur (Muffasil) P.S. Case No. 475 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T