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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31329 of 2023 Arising Out of PS. Case No.-38 Year-2018 Thana- NAGAR District- Vaishali ====================================================== Chandan Singh @ Chandan Kumar Singh Son Of Late Lalan Singh Resident Of Village - Rambhadra, P.S.- Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against the accused persons including the petitioner and 5-6 unknown persons is that they armed with various weapons entered in the house of the informant and started abusing and firing indiscriminately. It is further alleged that co-accused, namely, Mukesh Singh gave order to other accused persons to kill the informant's father, on which the accused, namely, Pankaj Chaudhary fired upon the temple of the informant's

Patna High Court CR. MISC. No.31329 of 2023(3) dt.26-07-2023 2/3 father and committed his murder and co-accused persons including the petitioner also fired upon the other family members of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, and he has falsely been implicated in this case merely on the basis of C.D.R. details, which shows that the co-accused, namely, Mukesh Singh called to the petitioner and both talked about 28 seconds on phone call, except this nothing consistent material has come out against the petitioner. It is further submitted that the petitioner was remanded in this case from another case on 21.12.2022, since then he is languishing in judicial custody. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during investigation, name of the petitioner came into light and there are many criminal antecedents against the petitioner. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is

Patna High Court CR. MISC. No.31329 of 2023(3) dt.26-07-2023 3/3 directed to be released on bail in connection with Hajipur P.S. Case No. 38 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Hajipur at Vaishali.

(Sunil Kumar Panwar, J) Manishkumar/- U T