Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18960 of 2017 Arising Out of PS.Case No. -327 Year- 2016 Thana -NAUBATPUR District- PATNA ====================================================== Chandan Kumar Son of Prem Yadav, Resident of Nabahi, Police StationNaubatpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 327 of 2016 for the offences punishable under sections 341, 324, 307 and 504/34 of the I.P.C.

Allegedly, the petitioner armed with sharp edged weapon attacked on the informant resulting his head was raptured and then the co-accused Prem Yadav came and started assaulting him. Sensing assemblance of the villagers they fled away. Submission is of false implication and that during investigation the informant and other witnesses have made general and omnibus allegation, there is no specific allegation against the

Patna High Court Cr.Misc. No.18960 of 2017 (3) dt.01-07-2017 2/2 petitioner, the independent witnesses have stated that the informant fell down in the altercation on the Choukhat resulting his head was raptured, from earlier there was dispute between the parties and the opinion regarding injury has been kept reserved awaiting x-ray report which is not available till today and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering that during investigation general and omnibus allegation has been leveled even by the informant also and the independent witness Md. Wazir has stated otherwise and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M-II, Danapur, District-Patna in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T