Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81331 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== 1.
CHANDAN KUMAR SON OF BABULAL BHAGAT @ BABULAL PRASAD R/O VILLAGE- PUNDAR, P.S.- MADHUBAN, DIST.- EAST CHAMPARAN 2.
UMA SHANKAR PRASAD @ UMA SHANKAR KUMAR SON OF BABULAL BHAGAT @ BABULAL PRASAD R/O VILLAGE- PUNDAR, P.S.- MADHUBAN, DIST.- EAST CHAMPARAN 3.
BABULAL BHAGAT @ BABULAL PRASAD SON OF LATE MAHAVIR BHAGAT R/O VILLAGE- PUNDAR, P.S.- MADHUBAN, DIST.- EAST CHAMPARAN 4.
BASUDEV BHAGAT SON OF LATE NANDAN BHAGAT R/O VILLAGE- PUNDAR, P.S.- MADHUBAN, DIST.- EAST CHAMPARAN 5.
HARENDRA PRASAD SON OF BASUDEV BHAGAT R/O VILLAGEPUNDAR, P.S.- MADHUBAN, DIST.- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354B, 504, 34 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioners are said to have abused and assaulted the informant's side brutally with deadly weapons. Co-accused Dhruv Prasad also tried to outrage the modesty of the
Patna High Court CR. MISC. No.81331 of 2023(2) dt.21-12-2023 2/3 informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are agnates. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injuries sustained by the injured are simple in nature. Petitioner nos. 1, 2, 3 & 4 have one criminal antecedent, whereas petitioner no.5 has no criminal antecedent as mentioned in para-2 of the supplementary affidavit.
5. Learned APP for the State opposed the prayer for bail.
6. Considering the facts and circumstances of the case as well as nature of the injuries, the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court
Patna High Court CR. MISC. No.81331 of 2023(2) dt.21-12-2023 3/3 where the case is pending/successor Court in connection with Madhuban P.S. Case No. 393 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T