Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15796 of 2016 Arising Out of PS.Case No. -202 Year- 2015 Thana -ARA NAWADA District- BHOJPUR ====================================================== Chandan Singh, Son of Late Rajendra Singh, Resident of Village - Dariyapur, P.S.- Arrah Muffasil, District -Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Arrah Nawada P.S. Case No.202 of 2015 for the offences instituted under Sections 326, 307 of the Indian Penal Code and under Section 27 of the Arms Act and Section 3(1)(x) of the SC/ST Act.

The prosecution case, in brief, is that on the alleged date and time of the occurrence, Baba Dham Paswan, husband of the informant Gayanti Devi was walking and when he reached near the house of Rambabu Singh at Girza Turning Road, Ara all of the sudden one young boy aged about 22-23 years caught hold to the informant's husband and shot him near right chest by using

Patna High Court Cr.Misc. No.15796 of 2016 (2) dt.16-05-2016 2/2 country made pistol to which he fell down.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is not named in the F.I.R. His name has come in the confessional statement of co-accused except for the same there is no substantive material against the petitioner. As far as offence under Section SC/ST Act is concerned, same is not attracted against the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Arrah, in connection with Arrah Nawada P.S. Case No.202 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T