Chandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55899 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Chandan Yadav S/o Siya Ram Yadav RESIDENT OF VILLAGE - JITAN CHAPRA, POLICE STATION - RANI TALAB, DISTT - PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun For the Opposite Party/s :
Mr. Tapeshwar Sharma For the Informant :
Mr. Manish Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354(B), 379, 504, 506, 34 of the Indian Penal Code and later Section 302 of the IPC was also added on 17.05.2024.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent, it is further submitted that the impugned order wrongly records that petitioner has antecedent of one case when he is a person with clean antecedent.
4. It is next submitted that the informant alleges that
Patna High Court CR. MISC. No.55899 of 2024(2) dt.05-09-2024 2/3 accused persons including the petitioner came and Shiv assaulted Guddu with Farsa causing injury on head, thereafter Siyaram assaulted Nitish by an iron rod causing injury on head, next Krishna and Govind assaulted her husband by Khanti and rod causing injury on his temple and neck while Chandan, Darvesh, Ramlakhan assaulted her by butt of gun and pulled her saree, thereafter, Chandan and Darvesh took chain of Guddu and Rs. 50,000/- respectively, further it is next alleged that the husband of the informant died during the course of treatment.
5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting Guddu, Nitish and husband of the informant is against Shiv, Siyaram, Krishna and Govind. It is next submitted that as far as this petitioner is concerned, he is alleged to have assaulted the informant along with Darvesh and Ramlakhan by butt of gun, but then the allegation of assault is not specific and as far as allegation of pulling saree and snatching chain is alleged, the same is ornamental in nature.
6. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant oppose the prayer for
Patna High Court CR. MISC. No.55899 of 2024(2) dt.05-09-2024 3/3 anticipatory bail of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that petitioner is a person with clean antecedent and the allegation of assault against him is not specific.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be 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 trial court where the case is pending/successor court in connection with Rani Talab P.S. Case No. 72 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T