Chandan Kumar vs The State Of Bihar on 4 April, 2025

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Patna High Court – Orders

Chandan Kumar vs The State Of Bihar on 4 April, 2025

Author: Chandra Prakash Singh

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54966 of 2024
                       Arising Out of PS. Case No.-6 Year-2024 Thana- KHIRI MORE District- Patna
                 ======================================================
                 Chandan Kumar S/o Manoj Yadav R/o vill - Dahiya, P.S. - Khiri More, Distt.
                 - Patna
                                                                           ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shyam Kishore, Advocate
                 For the Opposite Party/s :       Mrs. Sharda Kumari, APP
                 For the Informant        :       Mr. Dineshwar Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

3   04-04-2025

Heard learned counsel for the petitioner, learned

counsel for the Informant and learned Additional Public

Prosecutor for the State.

2. The petitioner is apprehending his arrest in

connection with Khirimore P.S. Case No. 06/2024 dated

06.01.2024 registered for the offence punishable u/s 147, 148,

149, 341, 323, 325, 308 and 307 of the Indian Penal Code and

Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the

co-accused persons armed with lathi, danda and pistols came to

the informant house and started abusing and on being protested

by the informant, they started assaulting him with lathi, danda

and the informant sustained minor injuries. The petitioner and

other co-accused persons fired on the informant’s gotias causing
Patna High Court CR. MISC. No.54966 of 2024(3) dt.04-04-2025
2/3

gun shot injury. The informant’s cousin brother also sustained

injuries.

4. Learned counsel for the petitioner has submitted

that the petitioner is innocent and has falsely been implicated in

this case. There is general and omnibus allegation against the

petitioner. The injured, Suman Yadav and Sawitri Devi has not

stated the name of the petitioner that he has fired on them. The

other co-accused person has already been granted regular bail

by this court vide order dated 20.06.2024 passed in Cr. Misc.

No. 41671/2024. The petitioner has no criminal antecedent as

stated in para 3 of the bail petition.

5. Learned A.P.P. for the State as well as learned

counsel for the Informant have vehemently opposed the prayer

for anticipatory bail of the petitioner by submitting that the

injured sustained gun shot injuries and the nature of the injuries

are grievous in nature. The anticipatory bail of the other co-

accused person has been rejected by this court vide order dated

13.12.2024 passed in Cr. Misc. No. 54611/2024.

6. Considering the aforesaid facts and circumstances

of the case, let the above named petitioner, in the event of his

arrest/surrender within a period of six weeks from today, be

enlarged on anticipatory bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.54966 of 2024(3) dt.04-04-2025
3/3

20,000/- (Rupees twenty thousand) with two sureties of the like

amount each to the satisfaction of the learned court concerned,

Danapur, Patna in connection with Khirimore P.S. Case No.

06/2024, subject to conditions as laid down under section 438(2)

of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J)
atul/-

U        T
 

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