Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37474 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.
Chandan Kumar S/O Umesh Singh R/V- Reeta Bigha, P.S.- Sakurabad, DistJehanabad 2.
Kundan Kumar S/O Umesh Singh R/O Village- Reeta Bigha, P.S.- Sakurabad, Dist- Jehanabad 3.
Guddu Kumar Son Of Jagdish Singh R/O Village- Reeta Bigha, P.S.- Sakurabad, Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Purushotam Sharma, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Parasbigha P.S. Case No. 36 of 2024 registered under Sections 147, 148, 149, 341, 323, 120(B), 326, 307, 363, 365 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, it is alleged that when informant along with eleven members of Panchayat Samiti were going to participate in the meeting related with no confidence motion, in the meantime, this petitioner along with other named accused persons tried to stop their vehicle and made
Patna High Court CR. MISC. No.37474 of 2024(3) dt.13-08-2024 2/3 indiscriminate firing on the informant party, in which one person sustained injury. It is further alleged that the accused persons also abducted four persons of Panchayat Samiti.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to political rivalry. Further submission is that petitioner no. 1 is the husband of Block Pramukh Soni Kumari, petitioner no. 2 is the devar of Soni Kumari and petitioner no. 3 is the chachera devar of Soni Kumari. As a matter of fact, informant did not want Soni Kumari to participate in the no-confidence motion because earlier twice no-confidence motion was brought. The noconfidence motion has already been stayed by this Hon'ble Court, and as such, there was no occasion to commit such occurrence. The wife of informant is also a candidate of Pramukh and no confidence motion was brought by informant himself. It is next submitted that though there is allegation of indiscriminate firing against these petitioners but there is no injury report on record to substantiate the allegation. Petitioners claim clean antecedent.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application.
6. Having considered the aforesaid facts and
Patna High Court CR. MISC. No.37474 of 2024(3) dt.13-08-2024 3/3 circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Jehanabad/Successor Court in connection with Parasbigha P.S. Case No. 36 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T