Patna High CourtCR. MISC./53470/2016bail granted

Chandan Kumar v. The State Of Bihar

2016-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53470 of 2016 Arising Out of PS.Case No. -1910 Year- 2010 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Chandan Kumar, Son of Anil Singh, Resident of village - Sarsu, P.S. Atri, District - Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. Chandra Mauli Singh, Son of Late Dwarika Prasad Singh, Resident of village - Sarsu, P.S. Atri, District - Gaya .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ram Naresh Singh, Advocate. For the State : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1910 of 2010 for the offences instituted under Sections 323, 384 and 379/34 of the IPC. The prosecution story, in brief, is that the accused persons demanded ransom from the complainant who is a retired government employee and on refusal, the petitioner snatched Rs. 10,000/- from him and asked further to pay Rs. 5000/-. On the next day, the accused began to abuse and this petitioner fired but unfortunately the same misfired. They also assaulted the complainant and snatched Rs. 1320/-.

Patna High Court Cr.Misc. No.53470 of 2016 (2) dt.21-12-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. Both the parties are agnates. There was dispute in respect to channel for the purpose of drainage. It is further submitted that the petitioner is ready to deposit an amount of Rs. 15,000/- in the court below which shall be subject to final disposal of the case. On behalf of the State, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 15,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1910/2010, Tr. No. 1097 of 2012 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T