Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5536 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -CHANAN District- LAKHISARAI ====================================================== Chandan Kumar, Son of Madan Singh, Resident of village- Dariyapur, P.S.- Barahiya, District- Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Chanan PS case no. 41 of 2017 registered for the offences punishable under Sections 147, 148, 149. 436, 427, 302, 379 of the Indian Penal Code, Section 27 of the Arms Act, Section 4/40 of Bihar Minor Concorrsion Rule 1972, Section 4/6/8 of Bihar Minor Prevention of Illegal Mining Transportation and Storage Rule 2003 and Section 1/18B/20 of U.A.P. Act, 1967. The allegation in the present case is that on account of dispute between nexalites and the sand carrying contractors, a driver driving JCB machine was killed.

The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.5536 of 2018 (3) dt.21-02-2018 2/2 petitioner himself is a sufferer inasmuch as his tractor was also burnt by the nexalites, who had killed the driver. It is further submitted that the petitioner has no complicity in the present case and he has a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Chanan PS case no. 41 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T