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Patna High CourtCR. MISC./49633/2023allowed

Chunchun Kumar Singh @ Chunchun Singh v. The State Of Bihar

2024-01-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49633 of 2023 Arising Out of PS. Case No.-406 Year-2021 Thana- KESARIA District- East Champaran ====================================================== CHUNCHUN KUMAR SINGH @ CHUNCHUN SINGH SON OF SRI MANOGI SINGH R/O-RAMGHARWA, P.S.-KESARIYA, DISTT.-EAST CHAMPARAN, AT PRESENT RESIDENT OF VILLAGE-SARSAWATI NAGAR, ROAD NO. 9, P.S.-BAIRIYA, DISTT.-MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sagar Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2024 Heard Mr. Sagar Kumar, learned counsel for the petitioner as well as Mr. Dilip Kumar No.1, learned APP on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 342, 323, 324, 307, 354(B), 504, 506, 34 of the Indian Penal Code.

3. Allegedly, the petitioner and other co-accused persons assaulted the informant and his family members. The petitioner is said to have assaulted the father of the informant due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.49633 of 2023(5) dt.19-01-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is a land dispute and case and countercase between the parties. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and also considering that the doctor has found that injury nos.2, 3, 4 and 5 are simple in nature and regarding the injury no.1, CT Scan report is not available despite of repeated calls for injury report regarding injury no.1, therefore, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with 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 Kesariya P.S. Case No.406 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T