Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23261 of 2021 Arising Out of PS. Case No.-92 Year-2020 Thana- BANIAPUR District- Saran ====================================================== 1.

Chandan Kumar S/O Chhathu Das R/O Village-Kamta, Police StationBaniyapur, District-Saran (CHHAPRA). 2.

Chhathu Das S/O Late Bhola Das R/O Village-Kamta, Police StationBaniyapur, District-Saran (chhapra). ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Tej Narayan Singh, Advocate For the State :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Sessions Trial No. 236 of 2020 arising out of Baniyapur P.S. Case No.92 of 2020 registered for offences under Sections 304(B/34 of the Indian Penal Code.

At the very outset, learned counsel for the petitioners prays for withdrawal of the application on behalf of petitioner no.2, namely, Chhathu Das.

Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner no.2, namely, Chhathu Das is concerned.

Patna High Court CR. MISC. No.23261 of 2021(2) dt.02-03-2022 2/3 In case petitioner no.2, namely, Chhathu Das surrenders and prays for regular bail before the court below within a period of four weeks from today, the court below will consider the petition for regular bail of the petitioner without being prejudiced by the fact that anticipatory bail petition has been rejected by this Court.

So far as petitioner no. 1, namely, Chandan Kumar is concerned, it has been submitted by learned counsel for the petitioner that he is a student and he is junior family member; and he is not expected to have been involved in this crime. Considering the above submission and considering the fact that petitioner no. 1, namely, Chandan Kumar is a young boy and his career should not be jeopardized because of this case and he shall not abscond, this application for anticipatory is allowed.

Accordingly, let petitioner no.1, namely, Chandan Kumar, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 7th, Saran, Chapra in connection with Sessions Trial No. 236 of 2020 arising out of Baniyapur P.S. Case No.92 of 2020,

Patna High Court CR. MISC. No.23261 of 2021(2) dt.02-03-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T