Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57202 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- TEKARI District- Gaya ====================================================== 1.

CHANDAN KUMAR SON OF PAPPU SHARMA 2.

VIKASH KUMAR SON OF SANJAY MISTRI 3.

MUKESH KUMAR SON OF SHANKAR THAKR 4.

OM PRAKASH KUMAR @ HARKO SON OF SURENDRA SINGH 5.

ANISH KUMAR SON OF NANDU DANGI 6.

JITENDRA KUMAR SON OF RAJENDRA CHOUDHARY All are RESIDENTs OF VILLAGE- LAW, P.S- TEKARI, DISTGAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Informant :

None For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2022 Learned counsel for the petitioners submits that petitioners no. 2 to 6 have been arrested during the pendency of anticipatory bail application, thus, seeks permission to withdraw the prayer for anticipatory bail against them. Permission is accorded.

Heard learned counsel for the petitioner no. 1 and learned A.P.P. for the State. No one appears on behalf of the informant.

The petitioner no. 1 apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 307, 379 of the Indian Penal Code read with

Patna High Court CR. MISC. No.57202 of 2021(2) dt.07-07-2022 2/3 Section 27 of the Arms Act.

Learned counsel for the petitioner no. 1 submits that the petitioner no. 1 is a person with clean antecedent The informant alleges that he and his Bhagina along with some neighbours were returning from hospital by two motorcycles then he was intercepted by the petitioner no. 1 along with two dozen people who forcibly took him and taken to Panchdetwa More. Thereafter, they started assaulting him by rifle, butt, rod, lathi and hunter on account of which he fell down in unconscious position then they fled away after firing. It is further alleged that they snatched Rs.15,000/- and a gold ring. Learned counsel for the petitioner no. 1 submits that there is case and counter case. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the FIR does not disclose specifically that petitioner no. 1 had also assaulted the informant.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner no. 1, the petitioner no. 1 abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be

Patna High Court CR. MISC. No.57202 of 2021(2) dt.07-07-2022 3/3 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tekari P.S. Case No. 55 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T