Chitranjan Yadav @ Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1442 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Chitranjan Yadav @ Chitranjan Kumar Son of Ramjahan Yadav @ Ram Jatan Yadav R/o vill - Molvichak, P.s. - Chakand, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Chakand P.S. Case No.292 of 2023 registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that he along with other named accused persons assaulted the informant by lathi, danda and iron rod due to which he received head injury.

4. Learned counsel for the petitioner submits that allegations are general and omnibus and this petitioner is a member of the armed forces and on the alleged date of

Patna High Court CR. MISC. No.1442 of 2024(2) dt.31-01-2024 2/3 occurrence he had reached his house in the village and has been falsely implicated in this case. It is submitted that the petitioner has otherwise no criminal antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case wherein it is uncontroverted submission on behalf of the petitioner that the allegations are general and omnibus, this petitioner is a member of the armed forces and on the alleged date of occurrence he had reached his house in the village and has been falsely implicated in this case, he has otherwise no criminal antecedent, hence, this Court directs that in case of his arrest/surrender within a period of eight weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gaya in connection with Chakand P.S. Case No. 292 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his

Patna High Court CR. MISC. No.1442 of 2024(2) dt.31-01-2024 3/3 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T