Chandranath Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37225 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- SARAI District- Vaishali ====================================================== CHANDRANATH PRASAD SINGH Son of Late Arjun Singh Resident of Village- Shambhupur Koari, P.S.- Sarai, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shivam, Advocate For the Informant : Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 324, 379 & 307/34 of the Indian Penal Code.

While the informant was busy in natural call along the road side, in the meantime, all the accused persons named in the F.I.R. are said to have armed with knife and lathi came there

Patna High Court CR. MISC. No.37225 of 2021(4) dt.28-02-2022 2/3 and attacked at the informant. On the order of petitioner, coaccused Vivek and Abhishek attacked on his neck by means of knife sustaining injury to him. When the son of the informant rushed in his rescue, petitioner caught hold him and co-accused Abhishek Kumar assaulted him by means of knife sustaining head injury to him. Co-accused, Abhishek Kumar snatched a gold chain from the neck of the informant. They also looted away Rs.50,000/- and other house hold articles from the house of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Both the parties are closed agnates. The father of the petitioner had six brothers. The petitioner is the son of the fourth brother, whereas the informant is the son of the sixth brother.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.37225 of 2021(4) dt.28-02-2022 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sarai P.S. Case No. 222 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Trivedi/- U T