Chandan @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17122 of 2017 Arising Out of PS.Case No. -553 Year- 2013 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chandan @ Chandan Kumar S/o Jagdish Sah, R/o Village Purvi Kargahia, P.s. Bettiah (Moffasil), District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Akhileshwar Kumar Shrivastva, Advocate. For the Opposite Party : Ms. Anita Kumari Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.

The petitioner apprehends his arrest in Bettiah (Muffasil) P.S. Case No. 553 of 2013 registered for the offences punishable under Section 353, 336, 387 and some other Sections of the Indian Penal Code.

The informant alleged that he got information that a road accident took place near ITI and the informant and other police officials went there and it transpired that a boy Mithilesh Kumar @ Jokhu was knocked down by a speedy vehicle. The boy was taken to MJK Hospital for treatment. It is alleged that after death the family members of the boy wanted to take the dead body without performing post-mortem examination. Chandan, Nikku Kumar, Binod Mahto and Hardi Sah and others came and put the

Patna High Court Cr.Misc. No.17122 of 2017 (3) dt.05-07-2017 2/2 dead body on the road and blocked the road.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case. The petitioner was protesting against the road blockage. No specific allegation is made against the petitioner. Similarly situated six co-accused persons including Hanuman Sah have already been enlarged on anticipatory bail vide order dated 07.03.2017 passed in Cr. Misc. No. 9597 of 2017.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in Bettiah (Muffasil) P.S. Case No. 553 of 2013, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T