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Patna High CourtCR. MISC./68611/2023bail granted

Chandra Kishore Rai @ Chandra Kishore Yadav v. The State Of Bihar

2023-11-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68611 of 2023 Arising Out of PS. Case No.-145 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== CHANDRA KISHORE RAI @ CHANDRA KISHORE YADAV S/o Jai Prasad Rai, R/o Village-Gosaipur, PS-Rajepur, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohan Verma For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 145 of 2020, registered for offence punishable under sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

3. As per FIR, the accused persons were filling soil on the land of the informant's nephew and others and when the informant raised objection, they abused and assaulted him with Lathi and Danda. When the family members of the informant came to rescue him, they were also assaulted by the accused persons. Co-accused Nawal Kishore Rai took away Rs. 5000/- from the pocket of the informant.

Patna High Court CR. MISC. No.68611 of 2023(2) dt.02-11-2023 2/2

4. The learned counsel for the petitioner has submitted that both the parties are agnates. The petitioner is a person of clean antecedent. There is case and counter case from both sides. The injuries on the person of Pawan Kumar to whom there is allegation to assault the petitioner have been found simple in nature and on similar ground, co-accused Santosh Kumar has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 50493 of 2022.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, especially the clean antecedent, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, East Champaran, Motihari in connection with Rajepur P.S. Case No. 145 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T