Chandi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76134 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Chandi Yadav Son of Late Chhotelal Yadav @ Late Chotan Yadav R/o vill - Rajaura, P.S. - Sahebpur Kamla, distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with S. Kamal P.S. Case No. 183 of 2023 dated 02.07.2023 registered for the offences punishable under Sections 341, 323, 304, 307 and 379 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have stopped the informant and his brother on the way and demanded money by abusing

Patna High Court CR. MISC. No.76134 of 2023(2) dt.19-12-2023 2/3 them. When the informant refused to give money, the petitioner gave order to kill them. On this, the co-accused persons assaulted the informant by lathi, danda and iron rod causing injury on his nose. It is further alleged that the co-accused persons also assaulted the brother of the informant and snatched a golden chain from the informant.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. There is a delay of 19 days in lodging the FIR. Learned counsel has further submitted that the petitioner is simply an order giver.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with S. Kamal P.S. Case No. 183 of 2023, subject to conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.76134 of 2023(2) dt.19-12-2023 3/3 the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T