Chandra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26264 of 2022 Arising Out of PS. Case No.-32 Year-2020 Thana- BARIYARPUR District- Munger ====================================================== 1.
CHANDRA SINGH SON OF LATE KARTIK MANDAL R/O VILLAGEKALYAN TOLA BHEJWA, P.S.- BARIYARPUR, DISTRICT- MUNGER 2.
MANISH KUMAR SON OF CHANDRA SINGH R/O VILLAGEKALYAN TOLA BHEJWA, P.S.- BARIYARPUR, DISTRICT- MUNGER ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shruti Sinha For the Opposite Party/s :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307, 379 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused person including these petitioners armed with lathidanda came at the house of the informant and started abusing him and when wife of the informant objected, petitioner No. 2 assaulted her on her head by means of lathi. Petitioner No. 1 is alleged to have assaulted Santosh Kumar.
Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is submitted that both the parties are next door
Patna High Court CR. MISC. No.26264 of 2022(2) dt.22-09-2022 2/2 neighbor and on some petty dispute, simple mar-pit took place between them. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner No. 2 has caused grievous injury. So far, petitioner No. 1 is concerned, he caused simple injury.
Taking into consideration the facts aforesaid, I am not inclined to enlarge petitioner No. 2 on anticipatory bail. Accordingly, the same is rejected.
Considering the facts of the case and clean antecedent of the petitioner, let the petitioner No. 1, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateII, Munger in connection with Bariayarpur PS case No.32/2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T