Chitranjan Kumar @ Shobi @ Shobhi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4247 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- PUNPUN District- Patna ====================================================== CHITRANJAN KUMAR @ SHOBI @ SHOBHI KUMAR SON OF UPENDRA PASWAN R/O VILLAGE- KAJEECHAK, P.S.- MASAURHI, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2021 Heard both parties.

The petitioner seeks bail in Punpun P.S. Case No. 182/2020, registered for the offences punishable under Sections 447, 341, 323, 307, 387, 506 and 34 of the Indian Penal Code read with Section 27 of Arms Act.

As per prosecution case, this petitioner along with other accused persons came to the house of informant and demanded Rs. 1 lacs as rangdari. On protest, on the instigation of this petitioner, two other accused persons made indiscriminate firing, although no one received firearm injury.

It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. In fact, informant is a Raj Mistry and after taking advance amount of the work of water tank of the ward, he had fled away from the village. When the informant came in the village, petitioner put pressure on him to

Patna High Court CR. MISC. No.4247 of 2021(3) dt.05-04-2021 2/2 complete the work but in order to save his skin this case has been lodged against this petitioner. As per the prosecution case, petitioner is only order giver. He is in custody since 10.08.2020 having clean antecedent.

Considering the nature of allegation against the petitioner and the fact that no one has received firearm injury coupled with the fact that petitioner has got clean antecedent, the petitioner, abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Masaurhi, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) rakhi/- U T