Chandan Kumar @ Chandan Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1356 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

CHANDAN KUMAR @ CHANDAN PASI SON OF RAMESH CHAUDHARI @ RAMESH PASI RESIDENT OF VILLAGE - PATARGHAT WARD NO.7, P.S. - SAURBAZAR (PATARGHAT OP), DISTRICT - SAHARSA 2.

VINOD MAHTO @ BINOD MAHTO SON OF SIKENDRA MAHTO RESIDENT OF VILLAGE - PATARGHAT WARD NO.8, P.S. - SAURBAZAR (PATARGHAT OP), DISTRICT - SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Singh, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard Mr. Kamal Singh, learned counsel for the petitioners as well as Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 120B, 353, 427, 379, 307, 426, 436, 504, 506 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with several other co-accused persons assaulted the police party by throwing bricks, stones, iron rods and bamboo

Patna High Court CR. MISC. No.1356 of 2024(2) dt.07-02-2024 2/3 sticks due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the petitioners are only the members of mob and there is no specific overt act against them. He further submits that the injuries are of simple nature. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as the injuries are of simple nature, let 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 court below where the case is pending/Successor Court in connection with

Patna High Court CR. MISC. No.1356 of 2024(2) dt.07-02-2024 3/3 Sourbazar (Patarghat OP) P.S. Case No.387 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T