Chandan Kumar @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74657 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- MANER District- Patna ====================================================== Chandan Kumar @ Abhishek Kumar S/o- Sri Mohan Rai Village- Suarmarwa Purvi, P.S- Maner, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoranjan Kumar For the Opposite Party/s :
Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Maner Police Station Case No. 12 of 2024, disclosing offences under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.
3. As per the FIR, on 03.01.2024, the informant had gone to the market along with his friend where accused persons accosted him and co-accused Kundan Kumar assaulted the informant by hockey stick and petitioner along with co-accused Gautama Kumar pulled the informant on the ground and pressed his neck with intention to kill him and snatched Rs. 15,00/- and golden locket.
4. Learned Counsel for the petitioner submits that the occurrence has taken place due to previous enmity between the parties. The allegation against the petitioner that he pulled the informant on the ground. The specific allegation of assault is
Patna High Court CR. MISC. No.74657 of 2024(2) dt.13-11-2024 2/2 against co-accused Kundan Kumar. The injury caused to the informant is simple in nature as would be evident from the impugned order. The petitioner is having no criminal antecedent and is a student.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the informant has sustained simple injury, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his 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 Judicial Magistrate 1st Class, Danapur (Patna), in connection with Maner Police Station Case No. 12 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