Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37573 of 2020 Arising Out of PS. Case No.-530 Year-2019 Thana- MANER District- Patna ====================================================== 1.

CHANDAN KUMAR son of Vishwanath Rai Resident of Nilkhanth Tola Goraia Asthan, P.S. Maner, District- Patna 2.

RAJU RAI son of Jawahar Rai Resident of Village- Nilkhanth Tola Goraia Asthan, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

Allegedly, five accused persons named in the FIR including the petitioners and 10-12 unknown entered his shop. The petitioner No. 2 is alleged to have taken out Rs. 900/- from the cash box and other accused started assaulting the

Patna High Court CR. MISC. No.37573 of 2020(2) dt.14-07-2021 2/3 informant's father by butt of pistol causing profused bleeding on his head. The other accused also assaulted the informant as a result of which, he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. From perusal of order of learned Sessions Court, it appears that the injury is simple in nature. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Miss Nutan Kumari, learned Judicial Magistrate-Ist Class, Danapur, Patna in connection with Maner P.S. Case No. 530 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.37573 of 2020(2) dt.14-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T