Chandradeo Singh @ Chandradeo Singh Parmar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62602 of 2022 Arising Out of PS. Case No.-436 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== CHANDRADEO SINGH @ CHANDRADEO SINGH PARMAR Son of Late Kedar Nath Singh R/v- Chakai, P.S.- Dhangai, District- Bhojpur (Arrah) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Roy, Sr. Adv Mr. Makardhwaj Upadhyay, Adv For the Opposite Party/s :
Mrs. Renu Kumari, APP Mr. Anand Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned senior counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner filed a supplementary affidavit in the Court. Let the same be accepted and kept on record.
The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 337, 338 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in short is that on 17.07.2022, the petitioner began to clean his gun while he was deputed in office due to which the informant forbade him. It is alleged that after sometime, the petitioner again started cleaning his gun and
Patna High Court CR. MISC. No.62602 of 2022(2) dt.12-01-2023 2/3 accidentally firing happened which hit below the knee of the informant, due to which his leg below knee was to be cut out. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. The petitioner is a friend/colleague of the informant and there was no criminal intention on the part of the petitioner and as per the allegation itself, the accidental firing happened during the course of cleaning gun. It is apparent from the contents of FIR, that the part of the leg of the informant got to be cut due to the negligent act of the doctor. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in
Patna High Court CR. MISC. No.62602 of 2022(2) dt.12-01-2023 3/3 connection with Rajiv Nagar P.S. Case No.436 of 2022,, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T