Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72454 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Chandan Kumar Son of Thapo Chaudhary Resident of Village- Sirajpur, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on the alleged date and time of occurrence, while the informant was returning from his field, on the way, all the accused persons including this petitioner came on motorcycle and co-accused Sunny Kumar threatened the informant and snatched one gold chain worth Rs. 80,000/-. On protest, all the accused persons assaulted the informant. It is further alleged that on the order of co-accused Kanhaiya Kumar, co-accused Sunny Kumar opened fire upon

Patna High Court CR. MISC. No.72454 of 2022(2) dt.23-03-2023 2/2 the informant. When the villagers started assembling all the accused persons started fleeing away, but one co-accused Loha Chaudhary was caught.

It is submitted that commission of assault is general and omnibus. Specific allegation is against co-accused Sunny Kumar who has already been granted bail by a coordinate Bench of this Court vide order dated 20.09.2022 passed in Cr. Misc. No. 25223 of 2022. Moreover, injury caused to the informant is simple in nature.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 17 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T