Gautam Kumar Chandan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50599 of 2017 Arising Out of PS.Case No. -181 Year- 2016 Thana -SONEPUR District- SARAN ====================================================== Gautam Kumar Chandan, son of late Krishna Nandan Sharma, R/o Village - Sabalpur Babhan Toli, P.S. Sonepur, District Saran at Chapra .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Udai Shankar Singh, Advocate. For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is seeking anticipatory bail in connection with Sonepur P.S. Case No. 181/2016 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 447 & 307 of the Indian Penal Code.
Learned counsel for the petitioner submits that this petitioner has also lodged an F.I.R. against the informant and others giving rise to Sonepur P.S. Case No. 183/2016. The present case was lodged on the same day by the informant giving a different version of the occurrence but on perusal of the injury reports, which are available on the record as Annexure-2 and Annexure-4 series, it would appear that both sides have suffered
Patna High Court Cr.Misc. No.50599 of 2017 (2) dt.17-10-2017 2/2 injuries of simple nature. Learned counsel further submits that so far as the present petitioner is concerned, he has been implicated in this case without there being any allegation against him of causing assault or injury of any nature. The petitioner is an ExMukhiya and for political reasons he has been falsely implicated. The allegation against the petitioner is that on the order of this petitioner and one Vijay Kumar Singh, the other accused persons assaulted the informant and his party.
Learned A.P.P. opposed the prayer for anticipatory bail but considering the facts and circumstances of the case, particularly that there is no specific allegation of assault against this petitioner and the petitioner has got no criminal history, in case of arrest or surrender within a period of four weeks from today, the above named petitioner be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Saran at Chapra in Sonepur P.S. Case No. 181/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Rajeev Ranjan Prasad, J) Dilip, AR U T