Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35248 of 2024 Arising Out of PS. Case No.-329 Year-2023 Thana- DESARI District- Vaishali ====================================================== Chanchal Kumar son of Late Dinesh Singh Resident of Village-Sultampur, Ps- Desari Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Desari P.S. Case No. 329 of 2023 dated 27.09.2023 registered for the offences punishable u/ss 341, 323, 324, 307, 379, 427, 504 and 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have inflicted blow of Farsa on the head of the informant with intent to kill causing injuries on his head and finger.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. There is no repetition of blow. An altercation took place and both sides sustained

Patna High Court CR. MISC. No.35248 of 2024(2) dt.16-05-2024 2/2 injuries. The informant sustained grievous injury on his head and sharp cut injury on his finger which is on the non-vital part of the body, though simple in nature. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Desari P.S. Case No. 329 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T