Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46744 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- DANAPUR District- Patna ====================================================== 1.

CHANDAN KUMAR Son of Kanchan Singh R/o Moh- Gandhi Nagar, Gabhtal, P.S.- Danapur, Distt.- Patna.

2.

Vicky Kumar Son of Kanchan Singh R/o Moh- Gandhi Nagar, Gabhtal, P.S.- Danapur, Distt.- Patna.

3.

Chotu Kumar @ Kallu Son of Ashok Singh R/o Moh- Gandhi Nagar, Gabhtal, P.S.- Danapur, Distt.- Patna.

4.

Ankush Kumar Son of Ashok Singh R/o Moh- Gandhi Nagar, Gabhtal, P.S.- Danapur, Distt.- Patna.

5.

Kanchan Singh Son of Late Lakshman Singh R/o Moh- Gandhi Nagar, Gabhtal, P.S.- Danapur, Distt.- Patna.

6.

Ashok Singh Son of Late Lakshman Singh R/o Moh- Gandhi Nagar, Gabhtal, P.S.- Danapur, Distt.- Patna.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Danapur P.S. Case No. 229 of 2019 for the offence punishable under Sections 147, 148, 323, 341, 379, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. It is evident from the complaint petition, which is the basis for the registration of the First Information Report, under Section 156(3) of the Cr.P.C., that parties are on litigating terms. It is alleged in the First Information Report that referring

Patna High Court CR. MISC. No.46744 of 2019(2) dt.29-07-2019 2/3 to already existing cases between the parties, the accused persons had assaulted the informant.

Learned counsel appearing on behalf of the petitioners has submitted that the complaint petition does not refer to any weapon, which was used by the accused persons. He has further submitted that as a matter of fact, the present First Information Report is counter blast to an earlier case got registered against the informant and others. The cases, which have been registered against the petitioners, have been mentioned in paragraph 3 of the application.

Considering the facts and circumstances and the nature of accusation, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Danapur, in Danapur P.S. Case No. 229 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case

Patna High Court CR. MISC. No.46744 of 2019(2) dt.29-07-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T