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Patna High CourtCR. MISC./27666/2020allowed

Shyam Chandra Sammadar v. The State Of Bihar

2020-11-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27666 of 2020 Arising Out of PS. Case No.-616 Year-2019 Thana- SUPAUL District- Supaul ====================================================== SHYAM CHANDRA SAMMADAR S/o Late Ramani Kant Sammadar Resident of Ward No.21, Nagar Parisad Supaul, Police Station and DistrictSupaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Jai Naayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Supaul P.S.Case No.616 of 2019 for the offence under Sections 341, 323, 323, 325, 307, 447, 448, 379, 354, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. In the instant case, allegation against this petitioner is that he has ordered the coaccused Yudu Chandra Sammadar, who gave rod blow on the head of victim Vinay Gopal that caused bleeding injury. It is further alleged that co-accused Gurucharan entered into her house and took away the wheat measuring 50 kg. He further

Patna High Court CR. MISC. No.27666 of 2020(2) dt.25-11-2020 2/2 submits that the present case is counter blast of complaint case no.854C of 2019, which was filed by co-accused Kajal Sammadar against the informant side.

Considering the fact that there is no overt-act against the petitioner except that he is order-giver and also considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul in connection with Supaul P.S.Case No.616 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) B.Kr./- U T