Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57125 of 2018 Arising Out of PS.Case No. -640 Year- 2018 Thana -SONEPUR District- SARAN ======================================================

1. Chandan Kumar Son of Bijendra Sah Resident of Village Harpur Nand, P.S. Nayagaon, District Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Narayan Mishra For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 640 of 2018 registered for the offences punishable under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code.

The first information report reflects that there is omnibus allegation of assault against the petitioner and other F.I.R named accused persons. Furthermore, F.I.R reflects that the alleged occurrence took place on account of irrigation of the field. Moreover, the impugned order dated 03.08.2018 passed by learned Additional Sessions Judge X Saran goes to show that injured Abhimanyu Kumar sustained simple injury. The informant claims

Patna High Court Cr.Misc. No.57125 of 2018 (2) dt.20-09-2018 2/2 in his written report that one Sonu Kumar had also sustained injury in the aforesaid occurrence but the impugned order does not speak anything regarding the injury sustained by injured Sonu Kumar.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sonepur at Saran in Sonepur P.S. Case No. 640 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U