Chandesh Singh @ Pappu Singh @ Chandresh Singh @ Chandresh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9493 of 2024 Arising Out of PS. Case No.-103 Year-2022 Thana- MADHAURAH District- Saran ====================================================== CHANDESH SINGH @ PAPPU SINGH @ CHANDRESH SINGH @ CHANDRESH KUMAR SINGH S/O SATYENDRA SINGH R/O VILLAGE- HASANPURA, P.S- MARHAURA, DISTT.- SARAN AT CHAPRA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shanker Pankaj, Advocate For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learnedAPP for the State.
2. The petitioner is in judicial custody in connection with Marhowraha P.S. Case No. 103 of 2022 registered under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code lodged on 19.02.2022 by the informant, Munna Kumar Gupta.
3. Earlier, the petitioner had moved before this Court for grant of anticipatory bail in Cr. Misc. No. 39064 of 2022 which was rejected vide an order dated 1.12.2022.
4. As per the prosecution story, the allegation is that the father and son both went to the informant's place and so far as this petitioner is concerned, he gave knife blow to the brother
Patna High Court CR. MISC. No.9493 of 2024(3) dt.10-04-2024 2/3 of the informant on the nose, hand and also in the stomach causing injuries. The allegation against his father Satyendra Singh is of using 'iron rod to assault the informant's brother.
5. Learned counsel for the petitioner submits that the accused Satyendra Singh is ill and the petitioner is the only son to take care of him. He was remained in custody since 5.2.2023.
6. Learned APP opposes the prayer.
7. Taking into account the aforesaid facts as also that he do not have criminal antecedent and has remained in custody for more than a year (5.2.2023), this Court is inclined to grant him privilege of bail.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District Sessions Judge-XI, Saran at Chapra, in connection with Marhowraha P.S. Case No. 103 of 2022 (S.Tr. No. 453/2023) subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.9493 of 2024(3) dt.10-04-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T