Chandan Kumar @ Chandan Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27690 of 2023 Arising Out of PS. Case No.-524 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR MANJHI SON OF RUKHANI MANJHI VILLAGE- GOSAIN CHAPRA, PS- SIWAN MUFFASIL (SARAI OP), DISTT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 524 of 2022 registered for the offence under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 08.01.2022.

The allegation against the petitioner is to assault son of informant, by means of using knife, along with other coaccused persons, having intention to cause his death, where, reason of occurrence is not explained through FIR.

Patna High Court CR. MISC. No.27690 of 2023(3) dt.27-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with present case falsely, as present FIR has lodged with delay of 06 days of occurrence, which is not explained. It is submitted that allegation to cause knife injury is specific against other co-accused person, namely, Nitish Kurmi, whereas, allegation against this petitioner is limited to hold injured. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation against this petitioner is limited to hold injured, where, specific allegation to cause knife injury is available against other co-accused person, namely, Nitiesh Kurmi, coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 08.01.2023, let the petitioner, above named, is directed to be released on bail in connection with Siwan Muffasil P.S. Case No. 524 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.27690 of 2023(3) dt.27-06-2023 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Siwan/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T