Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63714 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- Kotwali District- Darbhanga ====================================================== Chandan Kumar S/O Mahendra Mahto Resident of Mohalla- Moghalpura, P.S.- Kotwali, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devi Das Srivastava For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 14 of 2024, dated 01.06.2024, disclosing offences under Sections 447/324/341/308 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that while the informant was sitting at his house he saw that one person riding on motorcycle, bearing registration no. BR07-BD-3426, arrived there, parked his motorcycle in front of his house, suddenly came near the informant and assaulted him by means of knife. The informant tried to save himself, but the person assaulted him repeatedly.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.63714 of 2024(2) dt.05-10-2024 2/3 petitioner is not named in the First Information Report. The owner of the motorcycle, in question, was interrogated by the police, who disclosed the name of the petitioner. Referring to the treatment prescription of the informant, learned counsel submits that from perusal of the same it appears that the informant was treated on 01.05.2024, however, after lapse of one month the present First Information Report has been lodged. The prescription shows that the informant refused to get himself admitted in the Government hospital. He further submits that the police has not recorded the fardbayaan of the informant while he was being treated in the hospital.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is inordinate delay in lodging of the First Information Report and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.63714 of 2024(2) dt.05-10-2024 3/3 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Kotwali Police Station Case No. 14 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T