Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24343 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== CHANDAN SINGH Son of Late Ram Chandra Singh Resident of village - Bihat Gurudaspur Tola, Ward No.- 15, P.S.- Barauni (Zeromilie O.P.) and District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 147, 341, 323, 324, 506, 307 and 379 of the Indian Penal Code.

The informant is said to have been assaulted by knife on his neck accordingly he sustained deadly injuries. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against the petitioner in the first part of the F.I.R and in the second part of the F.I.R., there

Patna High Court CR. MISC. No.24343 of 2022(2) dt.22-08-2022 2/3 is allegation that the petitioner has assaulted the informant by means of knife causing injury on his cheek and wrist of right hand. He further submits that although the allegation against the petitioner is of giving knife, which is a sharp cutting weapon, blow upon the informant but the injury suggests that they are superficial in nature and caused by a hard and blunt substance, therefore, the allegation as alleged in the F.I.R. does not corroborate with the injury opined by the doctor. He further submits that there is admitted land dispute between the parties and on account of the same, the petitioner has been made accused in this case. The petitioner is rotting in judicial custody since 11.03.2022. Learned A.P.P.

for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barauni P.S. Case No.

Patna High Court CR. MISC. No.24343 of 2022(2) dt.22-08-2022 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T