Kartik Chandra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42015 of 2025 Arising Out of PS. Case No.-466 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Kartik Chandra Singh S/o Late Shankar Singh, Resident of Village- Kendui, P.S.- Magadh Medical, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 379 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, as unfolded in the first information report, is that the informant's friend Chandu Yadav had called him to reach Gaya and talked to his nephew, Nishant Kumar, who would be given money to be given to the Advocate. On the said information, the informant reached Gaya contacted the petitioner. Co-accused, Umesh and Chandu along with two unknown persons took the informant on motorcycle and accused Chandu started abusing him and, subsequently, he fired upon the informant due to which he sustained gun shot injury.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.42015 of 2025(2) dt.27-06-2025 2/3 petitioner is not named in the F.I.R. and his name transpired during course of investigation in the confessional statement of Chandu Yadav, besides other allegations on other accused persons. It is further submitted that the petitioner is the informant in Vishnupad P.S. Cse No.155 of 2023 in which petitioner's father was shot dead and the said Chandu Yadav is also accused in that case, hence, due to enmity, he had taken the name of the petitioner as one of his accomplice. So far as the confessional statement is concerned, the allegation against the petitioner is calling the victim/informant at a particular place i.e. the place of the occurrence. It pointed out that one of the coaccused, Nishant Kumar, with similar allegations, has already been granted anticipatory bail by this Court vide order dated 11.04.2025 passed in Cr. Misc. No.87013 of 2024 (AnnexureP/2).
5. Learned APP for the State opposed the application for anticipatory bail.
6. Taking into consideration the facts and circumstances, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.42015 of 2025(2) dt.27-06-2025 3/3 two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandauti P.S. Case No.466 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to further condition that:
(i) The petitioner shall cooperate in the investigation /trial.
(ii) One of the bailors will be a family member/close relative.
(iii) The petitioner would appear before the learned Court below on each and every date till the charges are framed and if the petitioner does not appear on any date without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds. (Soni Shrivastava, J) Trivedi/- U T