Chandan Kumar @ Pranav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35479 of 2017 ======================================================
1. Chandan Kumar @ Pranav Kumar S/o Niranjan Prasad Singh, Resident of Village- Sakhmohan, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Bibhutipur P.S. Case No. 72/2017 for offences punishable under Section 302 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, as lodged by the informant, is that he is driver of a magic vehicle and during course of picking passengers one Kishan Kumar Singh @ Dhano Singh had a fight with him on the pretext of demand of fare whereafter about 12-13 persons came to his house armed with weapons and one Chinku Singh fired on his daughter, who succumbed to her injuries. The informant has named seven accused persons but also stated that there were seven other unknown persons.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.35479 of 2017 (2) dt.09-08-2017 2/2 petitioner that he is innocent, not named in the First Information Report and he is neither the assailant nor he had a quarrel with the informant. He submits that his name has been dragged due to dirty village politics and at best he may be a member of the unlawful assembly, but no overt act has been committed and he is languishing in custody since 14.04.2017. He further submits that one of the named accused has been granted privilege of anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 31780 of 2017 on 13.07.2017, he bears no criminal antecedent and is on better footing.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. Chief Judicial Magistrate-IV, Samastipur, in connection with Bibhutipur P.S. Case No. 72/2017.
(Nilu Agrawal, J) Rajesh/- U T