Patna High CourtCR. MISC./79408/2023bail granted

Chandan Kumar Rai @ Chandan Rai v. The State Of Bihar

2024-01-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79408 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Chandan Kumar Rai @ Chandan Rai Son Of Dhalo Rai @ Rajendra Prasad Rai R/O Of Village- Tetri, P.S.- Naugachia, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 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 Naugachia P.S. Case No. 186/2023 dated 08.06.2023 registered for the offences punishable under Sections 323, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, when the informant was selling mangoes, the petitioner and the co-accused persons are alleged to have come to the orchard of the informant and

Patna High Court CR. MISC. No.79408 of 2023(2) dt.23-01-2024 2/3 abused him. On protest, they fired due to which the informant called police and when police reached there they fled away. Thereafter, when the informant was going to his house, in the way, the petitioner and the co-accused persons stopped him and assaulted him with butt of gun on his right shoulder.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. There is a case and counter case between both the parties. As per the impugned order, no injury was found on the informant.

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, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 186/2023, subject to conditions as laid down under section

Patna High Court CR. MISC. No.79408 of 2023(2) dt.23-01-2024 3/3 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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