Kanhaiya Singh @ Kanhaiya Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52140 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- RAJPUR District- Buxar ====================================================== SHIV PARSAN SINGH @ SIPARSAN SINGH @ SAPARSANA CHOUHAN Son of Suraj Singh @ Sooraj Singh Resident of village - Maharajganj Tola (Hankarpur), P.S. - Rajpur, Distt. - Buxar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53309 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- RAJPUR District- Buxar ====================================================== KANHAIYA SINGH @ KANHAIYA CHOUHAN S/O LATE GORAKH NATH SINGH R/O VILLAGE- MAHARAJGANJ TOLA HAKARPUR, P.SRAJPUR, DISTT.- BUXAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 52140 of 2023) For the Petitioner/s :
Mr.Satyapal Singh For the Opposite Party/s :
Mr.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 53309 of 2023) For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-11-2023 Re:- CRIMINAL MISCELLANEOUS No.52140 of 2023 Heard learned counsel for the petitioner and the State.
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2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 149, 341 , 323 , 307, 504 and 506 of the Indian Penal Code.
3. It is alleged that 17 named and 7-8 unknown persons assaulted the informant and others.
4. It is submitted that there is no specific allegation of over act alleged against this petitioner. It is further alleged that as a matter of fact the present case has been filed by the informant to save skin from the P .S. case 96 of 2023 which has been lodged by the petitioner against the informant and others. Petitioners claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Chief Judicial Magistrate , Buxar in connection with Rajpur P.S. case No. 97 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
3/4 Re:- CRIMINAL MISCELLANEOUS No.53309 of 2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 149, 341 , 323 , 307, 504 and 506 of the Indian Penal Code.
3. It is alleged that 17 named and 7-8 unknown persons assaulted the informant and others.
4. It is submitted that there is no specific allegation of over act alleged against this petitioner. It is further alleged that as a matter of fact the present case has been filed by the informant to save skin from the P .S. case 96 of 2023 which has been lodged by the co-accused Shiv Parsan Singh @ Siparsan Singh against the informant and others. Petitioners claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Sub Divisional Judicial Magistrate , Buxar in
4/4 connection with Rajpur P.S. case No. 97 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T