Chandan Kumar @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28436 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== 1.

Chandan Kumar @ Aditya Kumar Son of Ramesh Kumar Raman Resident of Village- Rasauk, P.O. and P.S. Morkahi, District-Khagaria, Bihar. 2.

Kundan Kumar Son of Ramesh Kumar Raman Resident of Village- Rasauk, P.O. and P.S. Morkahi, District-Khagaria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swetang Sinha For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Morkahi P.S. Case No. 165/2023 dated 10.12.2023 registered for the offences punishable under sections 323, 341, 325, 307, 379, 385, 447 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, on 09.12.2023, the petitioners and the co-accused persons armed with weapons, iron rods and stick are alleged to have attacked the informant's father with intention to kill. When the informant's wife came to save, the petitioner no. 1 attacked her with rod causing serious

Patna High Court CR. MISC. No.28436 of 2024(4) dt.26-06-2024 2/3 injuries. The petitioner no. 2 assaulted on the left leg of the informant with an iron rod causing broken injury. Meanwhile, the co-accused Deepa Kumari took his wallet and the coaccused Babita Devi took gold chain worth Rs. 55,000/-. Earlier, the petitioner, Chandan Kumar had demanded Rs. 4 Lacs as rangdari.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is land dispute between both the parties. There is case and counter case between both the parties. The injuries are found to be simple in nature as mentioned in para 10 of the bail petition. There is general and omnibus allegation against these petitioners. The petitioners have two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in judicial custody since 11.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of their custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.28436 of 2024(4) dt.26-06-2024 3/3 learned Court concerned, Khagaria in connection with Morkahi P.S. Case No. 165/2023, with a condition:

(i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T