Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55676 of 2024 Arising Out of PS. Case No.-831 Year-2023 Thana- MASAUDHI District- Patna ====================================================== 1.
Chandan Kumar Son of Chandra Bhushan Yadav @ Girija Yadav R/O Vill.- Dighwan, P.s.- Masaurhi, Dist.- Patna 2.
Rahul Kumar Son of Mithalesh Yadav R/O Vill.- Dighwan, P.s.- Masaurhi, Dist.- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Masaurhi P.S. Case no. 831 of 2023 instituted for the offence punishable under Sections 341, 323, 384, 385, 379, 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation in the FIR, on the alleged date of occurrence, accused Ranjan Deshmukh came at Petrol Pump and on gun point tried to snatch the cash from Nozal man but luckily he managed to escape. It is further alleged that petitioner
Patna High Court CR. MISC. No.55676 of 2024(3) dt.24-02-2025 2/3 no. 1 on pistol point snatched Rs. 50,000/- from another Nozal man and fled away after opening fire. Other three accused persons including petitioner no. 2 also opened fire but nobody sustained any injury. During investigation, police found four empty cartridges from the place of occurrence.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case due to previous enmity. There is no allegation of demanding extortion money. There is case and counter case between both the parties. During course of argument, learned counsel for the petitioners draw an attention towards Annexure P/3, which is photocopy of an agreement between Neetu Kumari, wife of informant Rakesh Kumar and Manti Devi mother of co-accused Deshmukh Ranjan for running a petrol pump,(Sidheshwar Nath Petrol Pump). In fact, there was monetary dispute between the parties. From perusal of the aforesaid facts, it appears that this is a case of no injury and prima facie appears to be a civil dispute.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in
Patna High Court CR. MISC. No.55676 of 2024(3) dt.24-02-2025 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Massurhi P.S. Case no. 831 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Masaurhi at Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) prabhakar/- U