Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41157 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- MASHRAK District- Saran ====================================================== 1.

Chandan Kumar S/O Of - Rajesh Singh @ Rajeshwar Singh Resident Of Village - Dumduma Shiv Mandir, P.S.- Mashrakh, District - Saran At Chapra.

2.

Kundan Kumar S/O Of - Rajesh Singh @ Rajeshwar Singh Resident Of Village - Dumduma Shiv Mandir, P.S.- Mashrakh, District - Saran At Chapra.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Kahkashan Alam, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2022 Petition for pre-arrest bail of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no. 1and the State.

Petitioner no.1 apprehends arrest in a case registered for the offence punishable under sections 143, 353, 332/333 of the Indian Penal Code.

Prosecution case is that petitioner no.1 and other accused persons pelted stones on the police party and got freed a co-accused from the police custody.

Learned counsel for the petitioner no.1 submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of pelting stone

Patna High Court CR. MISC. No.41157 of 2022(2) dt.28-11-2022 2/2 against the petitioner and no specific overt act has been alleged against him. Similarly situated co-accused have already been allowed bail by this Court vide order passed in Cr.Misc.No. 35985/2022.

Considering the aforesaid facts of the case, prayer for bail of the petitioner no. 1 is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 Judicial Magistrate 1st class, Saran at Chapra in Mashrakh Police Station Case No. 88 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T