Chanderma Kumar @ Chandrma Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56361 of 2024 Arising Out of PS. Case No.-376 Year-2021 Thana- ATRI District- Gaya ====================================================== Chanderma Kumar @ Chandrma Kumar, S/o Siya Ram Singh @ Jai Singh, R/O Village- Asadhiya, P.S- Atri, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Atri (Gehlaur OP) P.S. Case No. 376 of 2021, registered for the alleged offences under Sections 341, 323, 324, 325, 307, 504, 506, 427/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other coaccused persons, by grazing their cattle, damaged 100 plants on government land, which were planted under the MNREGA Scheme. When the informant opposed their act, the informant was assaulted by them with lathi causing injuries to the informant.

Patna High Court CR. MISC. No.56361 of 2024(2) dt.04-09-2024 2/3

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the animals, who damaged the plants. There could be no application of Section 307 IPC in the facts and circumstances of the case. Further there is no specific allegation against the petitioner for causing any injury. The injury, which has been found, is on the finger of the right hand and bleeding from the nose. The petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and simple and non-serious nature of injuries and further considering the possibility of false implication and clean antecedent, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released 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 Chief Judicial Magistrate, Gaya, in connection with Atri (Gehlaur OP) P.S. Case No. 376 of 2021, subject to the

Patna High Court CR. MISC. No.56361 of 2024(2) dt.04-09-2024 3/3 conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T