Chandradev Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47431 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Chandradev Singh son of Late Kulo Singh vill- Mahadipur, p.s- Pasraha, DistKhagaria, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Pasraha (Supplementary Pasraha) P.S. Case No.182 of 2023, registered for the offences punishable under Sections 302/342/323/34/120B of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against 13 named accuse persons including the present petitioner, against whom there is allegation that they in connivance with each other attacked on the mother of the informant. They have brutally assaulted informant's mother. In
Patna High Court CR. MISC. No.47431 of 2024(2) dt.24-07-2024 2/3 result, she died on the spot.
4. Learned counsel for the petitioner submits that the petitioner is completely innocent and has committed no offence. He submits that he is basically working outside the State and on the said date and place of occurrence, he was present at Rajkot and he has annexed a copy of the attendance in the company in which he is working. Counsel for the petitioner submits that there is one criminal case pending against him in which he was convicted and presently on bail by the appellate Court.
5. Learned counsel for the informant opposes the prayer for bail and submits that the petitioner and his family members had killed the informant's father and uncle in the year 2014. In the said case petitioner was also accused. He was convicted and after taking bail the said family in connivance with each other had committed the murder of the main witness of the earlier case, i.e., mother of the informant. He submits that such person may not be granted anticipatory bail.
6. Learned Additional Public Prosecutor appearing for the State also opposes the prayer for anticipatory bail.
7. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the
Patna High Court CR. MISC. No.47431 of 2024(2) dt.24-07-2024 3/3 petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.
(Dr. Anshuman, J) Mkr./- U T