Chandan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11610 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- KOTWA District- East Champaran ====================================================== CHANDAN BHAGAT S/o Devnan Bhagat Resident of Village- Talwa, P.S.- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshuman Singh, Adv.

Mr.Rakesh Kumar No.1, Adv.

For the Opposite Party/s :

Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This application, for grant of anticipatory bail, arises out of Kotwa P.S. Case No. 300 of 2018, disclosing offences under Sections 341, 323, 325, 279, 337, 338, 504 and 506 of the Indian Penal Code and Section 30(A) of the Bihar Excise and Prohibition Act, 2016.

Prosecution case is that petitioner snatched golden chain from the informant and when her father in law and mother in law came for rescue, the petitioner also assaulted them causing fracture injury to mother in law. It is also alleged that the petitioner was in drunken condition dashed the informant by his motorcycle and after leaving the motorcycle, he fled away and from the said motorcyle 400 M.L. country made liquor was recovered. Submission of learned counsel for the petitioner is that the entire allegation is false and concocted and the motorcycle in

Patna High Court CR. MISC. No.11610 of 2019(3) dt.05-08-2019 2/2 question does not belong to the petitioner and although, there is allegation of assault but there is no injury report available on record Learned counsel for the State opposed the prayer for bail and submitted that the witnesses have supported the prosecution case and the seizure list witnesses have also stated that the motorcycle was snatched from the petitioner, from which, liquor was recovered.

Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail 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 learned Chief Judicial Magistrate, Motihari, in connection with Kotwa P.S. Case No. 300 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T