Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20492 of 2017 Arising Out of PS.Case No. -24 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Chandan Kumar @ Chandan Yadav, S/o Anand Yadav, resident of VillagePurna Dharhara (Bighapar), P.S.- Mohanpur, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Mithilesh Kumar Singh, Adv.

For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barachatti (Mohanpur) P.S. Case no. 24 of 2016, registered under Sections 307, 341, 323, 504, 506/34 and 302 of the Indian Penal Code. The accusation is that on 23.01.2016, in the noon, Dukhan Yadav, father of the informant, had gone to field for irrigation, where Kundan Kumar, Vicky Kumar, Nageshwari Devi and Gautam Yadav started to abuse him. When Dukhan Yadav, father of the informant, made protest then all caused injury to him through Khanti and Lathi. On hearing hulla, informant reached there then saw his father was in a ditch. Anyhow, informant lifted his father from the ditch, who had sustained injury at his head, while his father was rushed to hospital at Mohanpur, but later on he died.

Patna High Court Cr.Misc. No.20492 of 2017 (3) dt.04-08-2017 2/2 Learned counsel for the petitioner submits that petitioner is the co-villager of the informant, who is said to be reached at the place of occurrence and also carried his father, but he has not disclosed the name of the petitioner, while the informant has disclosed the name of Kundan Kumar as assailant. Later on, with ulterior motive Balkisun Yadav in his statement recorded before the Police disclosed the name of petitioner after eight days of the occurrence. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 24 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T