Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45523 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== CHANDAN KUMAR Son of Dilip Prasad Resident of Village- Raghunath Ganj, Police Station- Shakurabad, District- Jehanabad. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Adv.
For the Opposite Party/s :
Mr.Arvind Kumar Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 353, 333, 504 and 506 of the Indian Penal Code and section 51(b), 56/57 NDM Act.
Allegedly, some altercation was going in between two groups and when the police party tried to pacify the matter, both the parties including the petitioner attacked the police personnel, due to which several of them sustained injuries.
Patna High Court CR. MISC. No.45523 of 2021(2) dt.15-04-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The injury report at Annexure-3, shows the injuries as simple in nature. Petitioner has one criminal antecedent as for the said occurrence, three different F.I.R. were lodged. Petitioner has lodged FIR bearing Shakurabad P.S. Case No.86 of 2020, one Sakurabad P.S. Case No.87/2020 has been lodged by Md.Shmin and Sakurabad P.S. Case No.88/2020 has been lodged by the police officials. Similarly situated co-accused, namely, Md. Naushad Alam has been enlarged on bail by a coordinate Bench of this court vide order dated 17.04.2021, passed in Cr. Misc. No.34632 of 2020.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court
Patna High Court CR. MISC. No.45523 of 2021(2) dt.15-04-2022 3/3 below where the case is pending/Successor Court in connection with Shakurabad P.S. Case No.88 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T