Chandra Shekhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62452 of 2021 Arising Out of PS. Case No.-129 Year-2021 Thana- GAUTAM BUDH NAGAR DistrictSiwan ====================================================== CHANDRA SHEKHAR SINGH Son of Late Suchit Narayan Singh Resident of Village - Madhopur, P.S.- G.B. Nagar (Tarwara), District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Informant :

Mr. Vijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2022 Learned counsel for the petitioner is permitted to make necessary correction in para 1 and 3 of the bail application in course of the day.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 386, 504 and 506/34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2021, charge-sheet has been submitted and has antecedent of one case.

Patna High Court CR. MISC. No.62452 of 2021(2) dt.24-03-2022 2/3 The informant alleges that petitioner along with accused persons were demanding extortion from the informant and, on objection, the petitioner assaulted the informant with knife causing injury on finger and also assaulted with lathi on cheek of the informant and further caused cut injury on his neck. It is further alleged that accused Golu fired hitting the shoulder and repeated the fire hitting below the chest of the mother of the informant.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that allegation of firing is against Golu and as far as allegation of assault against the petitioner is alleged the same gets negated by the injury report of the informant which is annexed as Annexure-2 to the bail application. Learned counsel further submits that there is no sharp cut injury on the person of the informant and the injury is simple in nature. Learned counsel next submits that there is a case and counter case as the FIR was also instituted from the side of the petitioner against the present informant and others.

Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for regular bail of the petitioner but are not able to meet the submissions of the

Patna High Court CR. MISC. No.62452 of 2021(2) dt.24-03-2022 3/3 learned counsel for the petitioner that the injury inflicted on the informant is simple in nature and no cut injury has been found. Considering the fact that the petitioner is in custody, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail 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 Court below where the case is pending in connection with G.B. Nagar P.S. Case No. 129 of 2021, subject to the condition that one of the bailors shall be the uncle (Mukesh Kumar Singh) of the petitioner.

(Satyavrat Verma, J) Kundan/- U T