Chunchun Yadav @ Chunchun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75418 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- SARE District- Nalanda ====================================================== Chunchun Yadav @ Chunchun Kumar, S/O Vinod Kumar @ Vinod Yadav, R /O Vill - Badepur, Police Station- Sare, District-Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrit Abhijit, Advocate Mr. Ranvijay Singh, Advocate For the State :
Mr.Md. Shakir Ahmad, I/C APP For the Informant :
Mr. Prem Chandra Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 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 connection with Sare P.S. Case No. 72 of 2024 registered for the offence punishable under Sections 190, 191(2), 127(1), 115(2), 109, 352 and 351(2) of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that on 19.07.2024 at about 6 P.M. when the informant stopped near Gramin Bank, the petitioner along with others being armed with lathi-danda and country made pistol were there. After this, on the order of the father of Kumar Shambhu Sharan Suresh Prasad and his mother Bachhi Devi, Kumar Shambhu Sharan, Ashish Kumar, Nishant Kumar @ Titu and grandson of Suresh Prasad Ankit Kumar started making firing. They also assaulted with the butt of the
Patna High Court CR. MISC. No.75418 of 2024(3) dt.22-01-2025 2/3 pistol on the head of the informant and his brother Aman Kumar. It is further alleged that Bhushan Kumar and Rajeev Kumar were also assaulted with pistol and lathi-danda. It is further alleged that 20 round firing was made and it is further alleged that the accused persons are pressurizing the informant to compromise in Asthawa P.S. Case No. 186 of 2023.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. There is also a counter version of this case. It has further been submitted that the nature of allegation is general and omnibus. There is no specific allegation agaist this petitioner. From perusal of the case diary as well, it is clear that nobody has specifically stated that this petitioner has assaulted anybody. It has also been submitted by learned counsel for the petitioner that petitioner is having criminal antecedent of nine cases but he is on bail in all the cases. He is languishing in judicial custody since 20.07.2024.
5. The learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer of bail of the petitioner and submitted that petitioner is having nine criminal antecedents.
Patna High Court CR. MISC. No.75418 of 2024(3) dt.22-01-2025 3/3
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 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sare P.S. Case No.72 of 2024.
(Ashok Kumar Pandey, J) lata/- U T