Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2969 of 2022 Arising Out of PS. Case No.-123 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== CHANDAN SINGH S/o Late Dinesh Singh R/o village- Sonar, P.S.- Riga, District- Sitamarhi ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Harishchandra Paswan @ Hari Chandra Paswan S/o Late Sukhdeo Paswan Resident of Riga, Tole Ramnagar, Ward No. 01, P.S.- Riga, DistrictSitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashok Kumar Jha, Advocate For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-02-2023 On 30.01.2023, due to typographical error, the order passed in Cr. Appeal (SJ) No. 2483 of 2022 (Chandan Mahto & Anr. Vs. The State of Bihar & Anr) was incorporated in this case which is Cr. Appeal (SJ) No. 2969 (Chandan Singh Vs. The State of Bihar & Anr).

As such, the order is modified to the following extent :

"As per the prosecution story, allegation is that one Sipu Singh came to his house stating that a feast has been organized and took away his son who never returned.

Subsequently his dead body was found and informant alleged that he has been done to death by the accused persons. Accordingly,

Patna High Court CR. APP (SJ) No.2969 of 2022(4) dt.14-02-2023 2/2 the FIR was lodged.

The police investigated the matter in which the role of the petitioner amongst other came up. As per observation of the learned Sessions Judge, the police have found to be case against them true, which has also been supervised by the concerned Deputy Superintendent of Police as well as the Superintendent of Police. Accordingly, charge sheet has already been submitted against Sippu Singh and Sanjeet Kumar Paswan under Section 302, 120(B)/34 of the I.P.C. and 27 Arms Act as also under Section 3(2)(V) of the SC/ST (POA) Act.

So far as this petitioner is concerned, the investigation is going on.

Taking into account the allegation that has come up against the petitioner as also the fact that he has criminal antecedents of the same nature, this is not a fit case for grant of anticipatory bail, which is accordingly rejected.".

Accordingly, the order dated 30.01.2023 is modified to the above extent.

(Rajiv Roy, J) Jagdish/NehaU T