Chandan Kumar @ Chandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61181 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- Banma Itahari District- Saharsa ====================================================== Chandan Kumar @ Chandan Yadav, Son of Vinod Yadav R/o VillageKhurashan, P.S.- Banma, Itahari, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the State :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2024 Heard Mr. Pramod Mishra, learned counsel for the petitioner and Mr. Narendra Kumar Singh, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Banma-Itahari P.S. Case No. 19 of 2024 dated 27.04.2024 registered for the offences punishable under Sections 341, 323, 324, 325, 307 and 504/34 of the Indian Penal Code.
3. Learned counsel appearing for the petitioner submits that as per the prosecution story, the informant was going by his tractor and when the road through which he was passing, was found as being blocked by wrong parking of a motorcycle, then he asked the accused persons including the petitioner to remove the motorcycle from the parked place, thereafter, the alleged occurrence took place, so, the genesis of
Patna High Court CR. MISC. No.61181 of 2024(2) dt.20-09-2024 2/3 the occurrence was parking dispute with regard to a motorcycle which shows that the occurrence was not pre-planned. It is further submitted that as per allegation, the petitioner and coaccused Vivek Yadav assaulted the informant's son Shivnandan Yadav due to which he sustained fracture injury to his wrist and one of his fingers but the particular weapon which was used by this petitioner and co-accused has not been revealed and in this regard, the allegation is completely vague and further, there is case and counter case in between both the parties and from petitioner's side also, some persons sustained injuries. It is further submitted that altogether ten persons including the petitioner have been named in the FIR and the petitioner has got no criminal antecedent and both the parties are co-villagers and the instant matter relates to a free fight.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Having considered the submissions and mainly taking into account the petitioner's fair and clean antecedent and the nature of allegation appearing against him, this Court is inclined to accept his anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six
Patna High Court CR. MISC. No.61181 of 2024(2) dt.20-09-2024 3/3 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Banma-Itahari P.S. Case No. 19 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) maynaz/- U T