Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67925 of 2024 Arising Out of PS. Case No.-376 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
CHANDAN KUMAR Son of Tej Narayan Singh Resident of Village- Anaith Police Station- Nawada District- Bhojpur 2.
Raju Singh @ Rajeev Kumar Son of Tej Narayan Singh Resident of VillageAnaith Police Station- Nawada District- Bhojpur 3.
Tej Narayan Singh Son of Late Ramarup Singh Resident of Village- Anaith Police Station- Nawada District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Kumar Dubey For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Ara Nawada Police Station Case No. 376 of 2024, disclosing offences under Sections 341, 323, 307, 354(B), 504, 506 of the Indian Penal Code.
3. As per the FIR, on 02.06.2024, while the informant and his brother had gone to the shop of the petitioner no. 3 for purchasing sugar, petitioner no. 3 ordered to kill the informant. Thereafter, co-accused Goonga assaulted the informant by means of iron rod on his head. When the mother of the
Patna High Court CR. MISC. No.67925 of 2024(3) dt.26-11-2024 2/3 informant intervened, petitioner no. 1 assaulted his mother and outraged her modesty. Petitioner no. 2 snatched gold ornaments from the mother of the informant worth Rs. 30,000/-.
4. Learned Counsel for the petitioners submits that both the parties are next door neighbors and there a dispute of passage between them also. The present occurrence has taken place during the cricket match. The injury caused to the informant is attributed to co-accused Goonga. The mother of the informant has not sustained any apparent injury and petitioner no. 3 is an order giver.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are next door neighbors, the petitioners are not the assailant of the informant and the mother of the informant has not sustained any apparent injury, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.67925 of 2024(3) dt.26-11-2024 3/3 Bhojpur at Ara, in connection with Ara Nawada Police Station Case No. 376 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T