Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60786 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== CHANDAN KUMAR, Son of Balkeshwar Yadav, Resident of VillageChandipatti, P.S.- Karakat, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-09-2019 The petitioner apprehends his arrest in connection with Karakat P. S. Case No. 62 of 2019 registered under Sections 307,323,341,504 and 506/34 of the Indian Penal Code. Allegation against the petitioner is that petitioner along with other accused persons arrived near the temple of Lord Krishna and started abusing the side of the informant and snatched their instruments like Dholak, Jhal etc. and on protest, accused persons assaulted the informant and others. Mr. Vikramdeo Singh, learned counsel appearing on behalf of the petitioner submits that though petitioner is named in the FIR but no overt act has been alleged against him. Learned counsel further submits that a scuffle between two groups in the village had taken place on the trivial issue of singing Bhajan in front of the temple and there was case and counter case between the parties and Karakat P.S.Case No. 64 of

Patna High Court CR. MISC. No.60786 of 2019(2) dt.26-09-2019 2/2 2019 was lodged by the father of the petitioner against the informant and others. He submits that both sides received injuries and the parties have compromised the dispute amicably and a joint compromise petition has been filed before the court of District and Sessions Judge, Rohtas vide Annexure-5. Having regard to the submissions made by the parties and taking into consideration the fact that no overt act has been alleged against the petitioner and there is case and counter case in between the parties, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Bikramganj, Rohtas in connection with Karakat P.S.Case No. 62 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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