Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73153 of 2023 Arising Out of PS. Case No.-718 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== CHANDAN KUMAR S/O SANJAY GIRI VILLAGE- RAGHUNATHPUR BIRTA TOLA LAXMIPUR, PS. RAGHUNATH O.P., DIST. EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Turkauliya (Raghunathpur) P.S. Case No. 718 of 2023 instituted under Sections 341, 323, 324, 308, 379, 354(B), 504, 506 and 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he assaulted the informant on his head by means of iron rod causing head injury.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits there is an inordinate delay of two days in lodging the F.I.R. without any plausible explanation. He also
Patna High Court CR. MISC. No.73153 of 2023(2) dt.10-11-2023 2/2 submits that there is no injury report on the record to substantiate the said allegation. He submits that both the parties are neighbours and due to village politics the petitioner has been implicated in this case. Petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, Sadar, Motihari, East Champaran in connection with Turkauliya (Raghunathpur) P.S. Case No. 718 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashutosh/- U T