Chandan Kumar Singh @ Chandan Kumar @ Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50143 of 2018 Arising Out of PS. Case No.-780 Year-2004 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Chandan Kumar Singh @ Chandan Kumar @ Chandan Singh son of Sri Bisnudeo Singh resident of village - Jamalpur, P.S. Bihpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Sinha For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in Kotwali(Barari) P.S. Case No.780 of 2004 registered under Sections 448, 324, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Subsequently, Section 302 of I.P.C. was added after the death of injured, daughter of the informant. The mother of the deceased alleged that three persons came and knocked her door. Her daughter, Soni Kumari went near the gate, on such, Prakash Singh fired at her which hit on her chest. Other two accused persons also fired. The learned counsel for the petitioner submits that name of the petitioner is not Prakash Singh. The case is of the
Patna High Court Cr.Misc. No.50143 of 2018(3) dt.13-02-2019 2/3 year 2004. During the course of investigation alias name of Prakash Singh is disclosed as Jangali Singh but the parentage was not disclosed. It has also come during the course of investigation in para 203 and onward that there were two Prakash Singh. The alias name of Prakash Singh is not Chandan Singh but the S.S.P., Bhagalpur on 27.12.2017 directed the investigating officer to arrest the named accused namely, Prakash Singh @ Jangali Singh @ Chandan Singh, son of Bisnudeo Prasad Singh of village Jamalpur, P.S. Bihpur, District Bhagalpur but there is no material on record to show that petitioner is also known as Prakash Singh but from perusal of the F.I.R.
and the case diary, it appears that mother of the deceased named one Prakash Singh and two unknown persons as assailants of her daughter. From perusal of para 27 of the case diary, the injured-deceased disclosed that Prakash Singh @ Chandan Singh fired at her causing injury on her chest and thereafter, Prakash Singh @ Chandan Singh fled away on a motorcycle. The deceased disclosed the alias name of the petitioner and also disclosed that Prakash Singh had bad eyes on her daughter and he chided her.
Patna High Court Cr.Misc. No.50143 of 2018(3) dt.13-02-2019 3/3 Singh is required and that can be done only after arrest of the petitioner.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Saurabh/- U T