Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82484 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- EKANGARSARAI District- Nalanda ====================================================== Chandan Kumar, Son of Sanjay Paswan, Village -Chamhera PS -Ekangar Sarai Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ekanger Sarai P.S. Case No.66 of 2024 instituted under Sections 341, 323, 307, 448, 504, 506 & 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant and her husband and mother-in-law were at home, then all the accused persons including the petitioner came there and assaulted the husband of the informant with iron rod and when she tried to save her husband then accused persons also assaulted and threaten her of dire consequences, if she makes complain to Police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.82484 of 2024(2) dt.29-11-2024 2/2 case. He further submits that there is no specific allegation against the petitioner and thus there is general and omnibus allegation against the petitioner. The injury to injured is simple in nature. The similarly situated co-accused persons have already been enlarged on anticipatory bail by this Court vide order dated 26.10.2024 passed in Cr. Misc. No.55090 of 2024. The petitioner has no criminal antecedent and he undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-IIIrd, Hilsa, Nalanda / Concerned Trial Court in connection with Ekanger Sarai P.S. Case No.66 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

ashishkr/- (Sunil Dutta Mishra, J) U T