Chandan Yadav @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73150 of 2023 Arising Out of PS. Case No.-548 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== CHANDAN YADAV @ CHANDAN KUMAR S/O ARJUN YADAV VILLAGE- SALEMPUR, PS. MUFFASIL, DIST. GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.A.K. Thakur, Adv. Ms. Vaishnavi Singh, Adv. For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh For the Informant Mr. Kumar Kishan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 427, 504/34 of the Indian Penal Code and sections 27 of the Arms Act.
3. As per allegation in the FIR, informant was celebrating birthday party of his one year old granddaughter, in the meantime co-accused Abhishek Yadav came therewith 8-9 accused persons including the petitioner with fire arms. Petitioner opened fire, which hit his grandson Bittu Kumar on his left hand and daughter-in-law on
Patna High Court CR. MISC. No.73150 of 2023(4) dt.15-01-2024 2/3 her cheek. When informant and his persons tried to pacify the matter, they were also beaten up by the other accused persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Grand-son, namely, Bittu Kumar sustained gunshot injury on his left hand which is not a vital organ. Only daughter-in-law of the informant has sustained grievous injury over her cheek. After prevailing good sense, the matter has been compromised between the parties and in support of this version, compromise petition is annexed as annexure-1 to the supplementary affidavit. Petitioner is languishing in judicial custody since 16.7.2023.
5. The application for bail is opposed by learned APP for the State but learned counsel appearing for the informant has accepted in respect of compromise took place between the parties.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on
Patna High Court CR. MISC. No.73150 of 2023(4) dt.15-01-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya in connection with Muffasil P.S. Case No. 548 of 2023. (Sunil Kumar Panwar, J) sushma/- U