Chandan Kumar @ Chandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22862 of 2025 Arising Out of PS. Case No.-373 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Chandan Kumar @ Chandan Yadav S/O Krishna Balabh Yadav @ Krishn Balabh Singh R/O Vill.- Raghunath Tola, P.S.- Gohdari, Karakat, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Heard Learned counsel for the petitioner and Learned APP for the State.
2. The petitioner is apprehending arrest in connection with Nawanagar P.S. Case No. 373 of 2023 lodged on 25.09.2023, for the offence punishable under Sections, 414, 420, 467, 468 and 469 of the Indian Penal Code.
3. As per the prosecution, on 14.08.2023, at about 10 O'clock the police was at patrolling and apprehended one pick up on which a motorcycle was loaded. The petitioner being a driver has demanded time to bring the documents of that vehicle. Police has granted time but when he has not returned then, the registration number of the vehicle was verified by the police and it was found that the owner is different person and
Patna High Court CR. MISC. No.22862 of 2025(3) dt.02-07-2025 2/3 subsequently, the police filed case against the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from perusal of the FIR, it becomes crystal clear that the date of occurrence is 14.08.2023 whereas, the date of lodging the FIR is 25.09.2023 and said delay is more than one month which has not been described by the police. Learned counsel further submits that the antecedent of the petitioner is clean and he has been made accused in this case at the instance of the police. He has taken the plea that due to village politics petitioner has falsely been implicated in this case, and seizure list has also not been prepared by the police in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that occurrence is of 14.08.2023 and FIR has been lodged on 25.09.2023.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Learned Chief Judicial
Patna High Court CR. MISC. No.22862 of 2025(3) dt.02-07-2025 3/3 Magistrate, Buxar, in connection with Nawanagar P.S. Case No. 373 of 2023, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ankit Kumar/- U T