Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32210 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Chandan Kumar Son of Birendra Upadhyay Resident of Village- Chargahan, Ps-Turkauliya, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr. Murli Dhar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 325, 308, 379, 504, 506 of the Indian Penal Code. Section 302 of the Indian Penal Code was added later on.
3. According to F.I.R., the informant alleged that on the order of co-accused Birendra Upadhyay, co-accused Pawan Kumar assaulted him due to which, he succumbed to injuries. It is also alleged that co-accused persons took away Rs. 49,000/-.
4. It is submitted that there is no specific allegation of assault against the petitioner and he is only alleged to a member of the mob. Specific allegation is against co-accused Pawan Kumar who assaulted the informant due to which he died. Petitioner has got clean antecedent.
Patna High Court CR. MISC. No.32210 of 2023(2) dt.24-07-2023 2/2
5. Considering the nature of accusation and facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, East Chmaparan, Motihari in connection with Turkauliya P. S. Case No. 59 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T