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Patna High CourtCR. MISC./25093/2023allowed

Chandan Kumar @ Chandan Kumar Yadav v. The State Of Bihar

2023-05-19Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25093 of 2023 Arising Out of PS. Case No.-992 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Chandan Kumar @ Chandan Kumar Yadav, age- 42 years, Male Son of Surendra Yadav, Resident of Village- Ranipur, P.S.- Kateya, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gopalganj (Town) P.S. Case No. 992 of 2022 dated 03.12.2022 registered for the offence punishable under Sections 147, 148, 149, 341, 448, 323, 379, 327, 504, 506 and 354 of the Indian Penal Code.

As per the prosecution case, the named accused persons alongwith 35 to 40 persons carrying arms in their hand entered into the house of informant by breaking lock and on gunpoint looted jewelry and cash from the house of the informant and they also misbehaved and assaulted the informant

Patna High Court CR. MISC. No.25093 of 2023(2) dt.19-05-2023 2/3 and outraged his daughter-in-laws.

Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence and has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the petitioner. There is civil dispute between the informant and wife of coaccused and to take revenge, the informant has filed this criminal case against the petitioner and other co-caused persons. Petitioner is in jail custody since 05.12.2022 having no criminal antecedent.

Learned counsel for the petitioner further submits that similarly situated co-accused namely Gangdayal Yadav @ Gangdayal Prasad has been granted bail by a co-ordinate Bench of this Court vide order dated 11.05.2023 in Cr. Misc. No. 17855 of 2023.

Learned APP appearing for the State has opposes the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.25093 of 2023(2) dt.19-05-2023 3/3 Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 992 of 2022.

(Sunil Dutta Mishra, J) Anand Kr.

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