Chandan Prasad @ Chandan Kumar Singh @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74654 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Chandan Prasad @ Chandan Kumar Singh @ Chandan Kumar S/O Rajdev Prasad R/O Vill - Sirsa Baba Toal, P.S. - Baikunthpur, Gopalganj ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saurabh Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 447, 504 and 34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner is said to have assaulted on the head of the informant by means of farsa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that the occurrence took place on 16.06.2023 but the FIR lodged on 19.06.2023 after a delay of three days. He further submits that there is no any explanation for the delay in filing of the present FIR which

Patna High Court CR. MISC. No.74654 of 2023(2) dt.04-12-2023 2/2 creates serious doubt about prosecution case. He submits that the injury found upon the injured is simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that injury found upon the victim is simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Baikunthpur P.S. Case No.215 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T