Chandan Kumar @ Chandan Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22746 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- NAWADA District- Nawada ====================================================== Chandan Kumar @ Chandan Bhardwaj Son Of Ramanuj Singh Resident Of Village- Dhankaul, Belda, Mosima, Distt- Nawada Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the State :

Mr. Shailendra Kumar For the Informant :

Mr. Suman Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in Nawada Town P.S. Case No. 186 of 2022 registered for the offences punishable under Sections 385, 420, 500, 506 & 120B of the Indian Penal Code and Section 67A of the I.T. Act, pending in the Court of learned Chief Judicial Magistrate, Nawada.

3. As per the prosecution case, the petitioner is said to have uploaded post on social media with a view to tarnish the prestige of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.22746 of 2023(5) dt.29-08-2023 2/2 the petitioner has not uploaded any video or photo related to the informant. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State informant and learned counsel for the informant opposed prayer for anticipatory bail and submitted that some witnesses have supported the prosecution case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T