Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72724 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== CHANDAN KUMAR Son of Hajari Prasad @ Hajari Yadav @ Hajari Lal Yadav Resident of Village-Sarkuna, Police Station-Dulhin Bazar, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Dulhin Bazar P.S. Case No. 123/2019 registered under Sections 147, 148, 149, 353, 323, 307, 188, 337, 427, 171(F), 332 of the Indian Penal Code and Sections 132/136 of R.P. Act.

Learned counsel for the petitioner submits that the name of petitioner has transpired in the confessional statement of co-accused Yas Kumar who was apprehended on the spot on the polling booth. Similarly situated co-accused have already been granted privilege of anticipatory bail, however petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.72724 of 2019(2) dt.18-12-2019 2/3 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein the submission of learned counsel for the petitioner is that his name has transpired in the confessional statement of coaccused Yas Kumar who was apprehended on the spot on the polling booth but the similarly situated accused have been granted privilege of anticipatory bail by learned coordinate Bench of this court in Cr. Misc. No. 59279/2019, the petitioner has no criminal antecedent, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned J.M. Danapur, District - Patna, in connection with Dulhin Bazar P.S. Case No. 123/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.72724 of 2019(2) dt.18-12-2019 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T