Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66119 of 2024 Arising Out of PS. Case No.-466 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.

Chandan Yadav, Son of Lakshmi Prasad Yadav Resident of Railway colony, Barmasiya, P.S.- Sahayak, Katihar, Distt.- Katihar 2.

Golu Paswan @ Aman Paswan @ Golu @ Aman Kumar Paswan, Son of Shrikant Prasad Resident of Railway colony, Barmasiya, P.S.- Sahayak, Katihar, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar Sharma For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341,323,307,379,504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that he along with his friend Vikash Kumar Singh were returning home by motorcycle and when they reached near Gyan Sagar Book Centre, when they were intercepted by a four wheeler and the petitioners along with

Patna High Court CR. MISC. No.66119 of 2024(2) dt.23-10-2024 2/3 other named accused alighted from the vehicle and started abusing and on protest, it is alleged that Chandan Yadav assaulted the informant by butt of pistol causing injury on head and temple and while Golu Paswan and Hemant Paswan assaulted the informant by lathi and danda and thereafter, Chandan snatched gold chain of the informant worth Rs.2,05,000/- and the people gathered.

4. The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that the same does not assign any reason for the occurrence. It is also submitted that the informant dashed the car of the petitioners, as such, an altercation had taken place in which both sides assaulted each other. It is also submitted that the injury suffered by the injured is simple in nature as would manifest from the Annexure-3 to the anticipatory bail application.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail

Patna High Court CR. MISC. No.66119 of 2024(2) dt.23-10-2024 3/3 on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Katihar (Town) Sahayak P. S. Case No.466 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T