Chandan Yadav@Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69910 of 2018 Arising Out of PS. Case No.-404 Year-2018 Thana- DIGHA District- Patna ====================================================== Chandan Yadav @ Chandan Kumar, Son of Late Sudarshan Rai, Resident of Mohalla- Patipul, Digha, P.S.- Digha, Dist- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323,504, 506,427, 387 and 379/34 of the IPC.

The prosecution case, as per the written report of Sachin Chandra, dated 09.08.2018 submitted to the Station House, Digha Police Station, is to the effect that informant was constructing a building. It is alleged that the petitioner used to threaten the staff and labours of the informant and the petitioner and 20 other accused persons demolished the boundary wall of the informant and also demanded extortion of Rs. 25 lacs. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. The accusation has been levelled in the background of land dispute. Earlier the

Patna High Court Cr.Misc. No.69910 of 2018(2) dt.05-12-2018 2/2 informant's side also demolished the boundary wall of the petitioner, for which the petitioner submitted a petition before the police on 03.07.2018, but no action was taken. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that there is specific accusation against the petitioner.

Considering the omnibus and general accusation levelled in the background of land dispute, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Patna in connection with Digha P.S. Case No. 404 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T