Chandan Kumar Rai @ Chandan Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54931 of 2023 Arising Out of PS. Case No.-27 Year-2018 Thana- NADI District- Supaul ====================================================== 1.
Chandan Kumar Rai @ Chandan Kumar Patel Son Of Sri Janak Lal Ray, Resident Of Ward No.14, P.O.- Mahadeo Math, P.S.- Neur Madhubani, Neur, District- Madhubani 2.
Amitabh Roy S/O Sri Ganga Ram Roy, Resident Of Ward No.14, P.O.- Mahadeo Math, P.S.- Neur Madhubani, Neur, District- Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abinash Kumar, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Supaul Nadi P. S. Case No. 27 of 2018 registered on 14.07.2018 for the offences punishable under Sections 147, 149, 341, 323, 324, 307 and 379 of the Indian Penal Code but cognizance has been taken under Sections 341, 323, 324, 307 of the I.P.C.
3. According to the prosecution, F.I.R. has been lodged against eight named accused persons and two unknown accused persons including the present petitioners. In the F.I.R. it has been alleged that the accused persons were sitting near the
Patna High Court CR. MISC. No.54931 of 2023(2) dt.23-08-2023 2/3 house of the informant when informant reached near the house, then all duly armed surrounded the informant and started abusing. The specific allegation against Jogi Yadav, Pappu Kumar Yadav, Pramod Yadva to attack by butt of three nut on the face of the informant. General and omnibous allegation against the present petitioners of assaulting and further specific allegation is against accused Janki Ram Rai to assault by three nut. it has alleged that Pramod and Pappu snatched money and golden chain from the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Counsel further submits that there is general and omnibous allegation against the present petitioners. Counsel also submits that the allegation against the present petitioners are only to assault and neither section 307 I.P.C. nor section 379 I.P.C. is made out against the present petitioners. Counsel also submits that there is criminal case pending against the present petitioners in which they are on bail.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances of this case, let the above-named petitioners be released on bail,
Patna High Court CR. MISC. No.54931 of 2023(2) dt.23-08-2023 3/3 in the event of arrest or surrender before the learned Court below within 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Supaul in connection with Supaul Nadi P.S. Case No. 27 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..
(Dr. Anshuman, J.) ravishankar/- U T