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Patna High CourtCR. MISC./43260/2021bail granted

Chandan Singh v. The State Of Bihar

2022-01-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43260 of 2021 Arising Out of PS. Case No.-344 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== CHANDAN SINGH Son of Ram Singh Resident of Village - Dibi, P.S. - M.H. Nagar, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Shivam, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 216 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, a demand of rangdari was made allegedly on the orders of the petitioner. It is stated that six accused persons came and the accused Rohit Kumar Singh shot the informant's brother in the head and the accused persons escaped. The informant claims that the occurrence had been carried out at the instance of the petitioner who is in custody.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.43260 of 2021(2) dt.24-01-2022 2/2 that the petitioner has been falsely implicated in the case. From the F.I.R. itself, it would transpire that the petitioner was in custody on the date of occurrence. There is no material against the petitioner except the allegation to the effect that the occurrence had been carried out at his instance. Even from the F.I.R., Rohit Kumar Singh is the assailant. The petitioner is in custody since 10.6.2019 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 2 years 7 months, the Court directs the petitioner to be enlarged on bail in connection with Panchrukhi P.S. Case no.344 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Siwan. (Partha Sarthy, J) Saurabh/- U T