Chunnu Singh @ Chunchun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47857 of 2019 Arising Out of PS. Case No.-260 Year-2018 Thana- ATRI District- Gaya ====================================================== Chunnu Singh @ Chunchun Singh, Son of Mithilesh Prasad singh, Resident of Tetar, P.S.- Atri, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Atri P.S. Case No.260 of 2018 for the offence punishable under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that the petitioner along with other co-accused persons intercepted the informant and petitioner assaulted the informant with butt of rifle causing injury near the stomach of the informant. Mr. Shivendra Prasad, learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated due to the dispute arising out of election of PACCS between rival groups. Learned counsel submits that on the same

Patna High Court CR. MISC. No.47857 of 2019(3) dt.01-08-2019 2/3 date, time and place three FIRs were lodged. Another two FIRs which has been lodged are Atri P.S. Case No.262 of 2018 and Atri P.S. Case No.263 of 2018 in which the informant are Amarkant Singh and Randhir Kumar Singh respectively and in all these two FIRs, there is no whisper of incident which has taken place as per the allegation made in the FIR by the informant. Learned counsel further submits that the injury caused to the informant is incise wound near abodomen which is not corroborated by the allegation of assault to the informant by back side of the rifle.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties belong to the same village and on the same date and same time and same place, three FIRs were lodged by different informants and further the injury caused to the informant is incise wound and is not corroborated by the allegation made in the FIR, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon

Patna High Court CR. MISC. No.47857 of 2019(3) dt.01-08-2019 3/3 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XII, Gaya, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T