Chandan Kumar Singh @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13539 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== 1.

CHANDAN KUMAR SINGH @ CHANDAN SINGH Son of Kameshwar Singh Resident of Village - Bensagar, P.S. Karakat, Dist. - Rohtas. 2.

Kameshwar Singh Son of Maharaj Singh Resident of Village - Bensagar, P.S. Karakat, Dist. - Rohtas.

3.

Raj Kumar @ Raju Singh Son of Babudhan Singh Resident of Village - Bensagar, P.S. Karakat, Dist. - Rohtas.

4.

Ashok Kumar Singh Son of Maharaj Singh Resident of Village - Bensagar, P.S. Karakat, Dist. - Rohtas.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the informant :

Mr. Rabindra Kumar, Adv.

For the State : Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

At the outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner Nos. 2, 3 & 4 namely, Kamleshwar Singh, Raj Kumar @ Raju Singh and Ashok Kumar Singh as during pendency of this application, they have been taken into judicial custody.

Patna High Court CR. MISC. No.13539 of 2021(2) dt.24-02-2022 2/3 Permission is granted.

Accordingly, this application with regard to petitioner Nos. 2, 3 & 4 namely, Kamleshwar Singh, Raj Kumar @ Raju Singh and Ashok Kumar Singh is dismissed as withdrawn. The petitioner No. 1 is apprehending his arrest in Karakat P.S. Case No. 156 of 2020 registered under Sections 341, 323, 354C, 307, 504/34 of the Indian Penal Code.

Allegation against the petitioner No. 1 is of giving Farsa blow upon the son of the informant as a result of which, the informant's son sustained injury.

It has been submitted on behalf of the petitioner No. 1 that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No. 1. The petitioner No. 1 has been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner No. 1 is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the

Patna High Court CR. MISC. No.13539 of 2021(2) dt.24-02-2022 3/3 case, the petitioner No. 1, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Karakat P.S. Case No. 156 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T