Chandrabhan Kumar @ Chandrabhan Singh @ Nandu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23283 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
CHANDRABHAN KUMAR @ CHANDRABHAN SINGH @ NANDU SINGH S/O RUPNARAYAN SINGH Resident of Village- Madhubani, P.S.- Sangrampur, District- East Champaran.
2.
PRIYAM KUMAR @ PRIYAM SINGH S/O RUPNARAYAN SINGH Resident of Village- Madhubani, P.S.- Sangrampur, District- East Champaran.
3.
RUPNARAYAN SINGH S/O SHIVSHANKAR SINGH Resident of Village- Madhubani, P.S.- Sangrampur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajnish Shandilya, Adv.
For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Sangrampur P.S. Case No.359 of 2022, registered for offences under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioners herein having arrived at the house of the informant, variously armed, whereafter they are stated to have assaulted the informant, his son Atul Kumar and his another son
Patna High Court CR. MISC. No.23283 of 2023(2) dt.24-06-2023 2/3 Ujjwal Kumar, by iron rod, farsa and bricks, resulting in the said persons sustaining injuries.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted by referring to the injury report of the said three injured persons annexed as Annexure-3 to the present petition that the injuries sustained by them have been found to be simple in nature. It is further submitted that the present case arises out of case and counter case, in which the petitioners were also injured, however the informant and others have already been granted bail in the case filed by the petitioner no.1.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioners, apart from the fact that the injuries sustained by the injured persons
Patna High Court CR. MISC. No.23283 of 2023(2) dt.24-06-2023 3/3 have been found to be simple in nature and the petitioners are having a clean antecedent, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.
Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sangrampur P.S. Case No.359 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) sonal/- U T