Chitranjan Kumar @ Chitranjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71954 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.
Chitranjan Kumar @ Chitranjan Yadav Son of Chandrama Yadav Resident of village- Baruna, Bitthalpur Dera, PS- Buxar Industrial, District- Buxar 2.
Chandan Kumar @ Chandan Yadav Son of Chandrama Yadav Resident of village- Baruna, Bitthalpur Dera, PS- Buxar Industrial, District- Buxar 3.
Lakhpato Devi W/o Chandrama Yadav Resident of village- Baruna, Bitthalpur Dera, PS- Buxar Industrial, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate Mr. Krishna Gond, Advocate For the State :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-10-2024 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Buxar Industrial P.S. Case No. 133 of 2024 dated 26.06.2024, registered for the offences punishable under Sections 341, 323, 147, 149, 324, 307, 379, 504 and 506 of the Indian Penal Code.
3. As per the allegation, the petitioners and other coaccused assaulted the informant causing injury on the person of the informant.
4. Ld. counsel for the petitioners submits that the
Patna High Court CR. MISC. No.71954 of 2024(2) dt.23-10-2024 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that there is counter case filed by the petitioner's side against the informant's side. He further submits that injury has not been found on the vital part of the body and it is found to be simple in nature.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner Nos. 1 and 2 have one criminal antecedents and petitioner no.3 has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, 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 Ld. C.J.M., Buxar in connection with Buxar Industrial P.S. Case No. 133 of 2024, subject to the conditions
Patna High Court CR. MISC. No.71954 of 2024(2) dt.23-10-2024 3/3 as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J.) ravishankar/rames h U T