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Patna High CourtCR. MISC./30957/2015bail granted

Chandan Kumar @ Chandan Yadav v. The State Of Bihar

2015-08-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30957 of 2015 Arising Out of PS.Case No. -127 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ====================================================== Chandan Kumar @ Chandan Yadav Son of Gajadhar Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 447, 323, 384, 379, 504 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the FIR named accused persons started constructing house on the government road when the informant went there then on the order of co-accused Gajendra Yadava, this petitioner resorted fire on the informant, thereafter, the accused persons entered into the house of the informant took away grains, chairs etc. It is alleged that co-accused Siyacharan and Arun took away battery of tractor. The accused persons also demanded extortion from the informant.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.30957 of 2015 (2) dt.04-08-2015 2/2 in the background of bona fide land dispute with regard to land of the government road encroached by the informant, the accusation has been levelled. No injury has actually been caused to the informant. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No.127 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T