Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11879 of 2023 Arising Out of PS. Case No.-633 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== CHANDAN KUMAR S/o Lalan Sah R/o Village- Pratapur, P.S.- Kalyanpur, Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 394, 302, 201/34 of the IPC and u/s 27 of the Arms Act.

Allegedly, the F.I.R. named accused persons including the petitioners are said to have murdered the son of the informant after kidnapping him.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness to the alleged

Patna High Court CR. MISC. No.11879 of 2023(3) dt.23-06-2023 2/2 occurrence and only on suspicion, he has been made accused in this case. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail but has not denied this fact that no specific role of the petitioner in the alleged occurrence has come in the case diary. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sakra P.S. Case No.633/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T