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Patna High CourtCR. MISC./24132/2022bail granted

Chandan Chaudhary @ Chandan Kumar v. The State Of Bihar

2023-01-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24132 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== CHANDAN CHAUDHARY @ CHANDAN KUMAR S/O SATYA NARAIN CHAUDHARY R/o village- Jaynagar Basti, Rajputana Tole, Ward No. 06, P.O. and P.S.- Jaynagar, District- Madhuabani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Namrata Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 143, 435, 436, 446, 427 and 511 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that having received information about 12-15 accused persons damaging property and creating chaos, the informant along with other police personnel reached the place of occurrence. Seven accused persons including the petitioner herein were identified. The fire brigade arrived and the fire was brought under control. It subsequently transpired that the accused persons had also attempted to burn different property in another village.

Patna High Court CR. MISC. No.24132 of 2022(4) dt.12-01-2023 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He was not present at the place of occurrence and he has been falsely implicated in the case due to local politics. He is not a member of any banned organization. He is in custody since 15.3.2022 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner being in custody for about 10 months since 15.3.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Benipatti P.S. Case no.71 of 2021 (G.R. no.223 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Benipatti, District Madhubani.

(Partha Sarthy, J) Saurabh/- U T