Chandan Kumar Singh @ Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49753 of 2024 Arising Out of PS. Case No.-548 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Chandan Kumar Singh @ Chandan Singh, Son of Dinesh Kumar Singh, Resident of Village - Salempur, P.S. - Bikramganj, District - Rohtas ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Bikramganj P.S. Case No.548 of 2023 for the offences punishable under Sections 448, 341, 342, 323, 353, 332, 427 and 307 read with 34 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant, who is Executive Assistant of Indira Awas Yojna and also alleged to torn documents related with the project for the reason that the name of certain local persons were not added with Pradhan Manti Awas Yojna.
4. It is submitted by learned counsel that as
Patna High Court CR. MISC. No.49753 of 2024(2) dt.04-09-2024 2/3 petitioner was accompanied with co-accused Mangru Singh @ Aashish Ranjan, who entered into altercation with informant, being husband of Deputy Mukhiya, petitioner was implicated with present case without having any connecting materials. It is further submitted that injury as alleged to be received during crime in question is not grievous in nature, where allegation qua assault is also appearing very much general and omnibus. It is further pointed out that the allegation to torn government paper and to deter the informant from discharging official function is also not appearing specific qua petitioner rather same is appearing general and omnibus. It is also submitted that the coaccused, namely, Mangru Singh @ Aashish Ranjan has already granted anticipatory bail by this Court through Cr. Misc. No.8968 of 2024 dated 22.02.2024. While concluding argument, it is submitted that petitioner is a man of clean antecedent.
5. The learned APP opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and
Patna High Court CR. MISC. No.49753 of 2024(2) dt.04-09-2024 3/3 circumstances and by taking note of nature of allegation qua physical assault and also as to deter the informant in discharging official function, which is appearing very much general and omnibus in nature, coupled with the fact that petitioner is a man of clean antecedent, accordingly, the above-named petitioner is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today, 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-I, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No.548 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/under Section 482 (2) of the BNSS. (Chandra Shekhar Jha, J.) Sanjeet/- U T