Chandan Singh @ Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32310 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- KACCHWA District- Rohtas ====================================================== Chandan Singh @ Chandan Kumar Singh Son of Munmun Singh Resident of Village - Ibrahimpur, Kachhawan Bazar, P.S.- Kochhawan, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramashray Roy, Adv.
For the Opposite Party/s :
Md. Fahimuddin, APP For the Informant Mr. Dhaneshwar Pd. Gupta, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State through the virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 379, 504, 506/34 of the Indian Penal Code. Allegation against the petitioner is that he along with other accused persons assaulted the informant and his son as a result of which he received fractured injuries on right hand and right leg. It is also alleged that Chandan Singh (petitioner)
Patna High Court CR. MISC. No.32310 of 2021(2) dt.21-01-2022 2/3 snatched away golden chain of two bhar from his neck. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that occurrence took place on 09.10.2020 but FIR has been lodged on 21.10.2020 after delay of 12 days. He submits that there is case and counter case between the parties. The injuries of the injured are simple in nature caused by hard blunt substance and not dangerous for life. The petitioner are enjoying privileged of Section 41(1) Cr.P.C. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State and informant oppose the prayer for bail and submit that the doctor has found injuries on the vital and non vital part of body of the injured. Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.32310 of 2021(2) dt.21-01-2022 3/3 learned court below where the case is pending/successor court in connection with Kachhawan P.S. Case No. 44 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T