Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72264 of 2021 Arising Out of PS. Case No.-248 Year-2019 Thana- DIGHWARA District- Saran ====================================================== Chandan Singh Son of Kaushal Singh Resident of Village - Trilok Chak, P.S.- Dighwara, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Dighwara P.S. Case No. 248 of 2019, lodged under Sections 302/34 of the Indian Penal Code read with Section 27 of Arms Act.

As per prosecution case, the allegation is against 26 named accused persons who were demanding rangdari from the sailor. The specific allegation is against accused no.1 Indal Singh who fired, due to which the son of sailor injured and died on spot. Cause of firing is demand of ransom. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.72264 of 2021(3) dt.17-10-2022 2/3 no specific allegation against the petitioner. All the allegation except the allegation on Indal Singh are general and omnibus as he is the member of mob. Learned counsel for the petitioner further submits that other accused persons have already been granted bail by the Co-ordinate Bench of this Court vide orders dated 27.05.2020 & 16.10.2020 passed in Cr. Misc. Nos. 82020 of 2019 & 26810 of 2020. Learned counsel for the petitioner further submits that petitioner is in custody since 31.08.2021 having 4 criminal cases pending against him and he is on bail in all 4 cases.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-7th Saran at Chapra in connection with Dighwara P.S. Case No. 248 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.72264 of 2021(3) dt.17-10-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T