Chandan Yadav @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.349 of 2021 Arising Out of PS. Case No.-210 Year-2018 Thana- ALOULI District- Khagaria ====================================================== CHANDAN YADAV @ CHANDAN KUMAR, S/o Kuldip Yadav R/o village- Alouli, P.S.- Alouli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar- Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-06-2021 Heard Mrityunjay Kumar, the learned Advocate for the petitioner and Mr. Tarun Prasad Mandal, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Allouli P. S. Case No.210 of 2018, instituted for the offences under Sections 341, 307, 34 of the Indian Penal Code.

The petitioner and his two associates are said to have fired at the informant, but it did not hit him. The shot fired by the co-accused Barun Yadav hit the chair on which the informant was sitting.

The two other associates of the petitioner have been granted anticipatory bail by the Court below by the same order, that privilege was not given to the petitioner on account of his implication in two other cases in the past. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.349 of 2021(2) dt.24-06-2021 2/2 submitted that an absolutely false case has been instituted against him with a reason that the informant is an accused in the case of the murder of the brother of the petitioner. The implication of the petitioner in this case is only for the purpose of pressurizing the petitioner for going slow in prosecuting the informant.

In view of the afore-stated facts and taking into account that the victim/ informant has not been hurt and the background enmity, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Allouli P. S. Case No.210 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T