Chandra Kantsingh @ Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70427 of 2022 Arising Out of PS. Case No.-169 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

CHANDRA KANTSINGH @ BITTU SINGH S/o Sri Kantsingh R/o Village- Nawada Ben, P.S.- Udwantnagar, Distt- Bhojpur. 2.

Shivakantsingh @ Chhotu Singh S/o Sri Kantsingh R/o Village- Nawada Ben, P.S.- Udwantnagar, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 307, 337, 338, 504, 506 and 427/34 of the IPC.

As per the prosecution case, when the informant was returning from his field then, petitioner no.1 abused him and on protest of son of the informant, petitioner no.1 assaulted his son, then all the named accused persons including the petitioners again assaulted his son and one Anil Singh.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever

Patna High Court CR. MISC. No.70427 of 2022(2) dt.01-05-2023 2/2 taken place. After investigation, police has filed final form against the petitioners. Allegation leveled against the petitioners is not specific rather general and omnibus in nature. Allegation against the petitioners is to assault the son of the informant and thereafter, petitioners and other accused persons assaulted one Anil Kumar Singh, s/o Deo Kumar Singh by means of bricks and stones, who sustained injury on head which was found grievous in nature. Petitioners have one criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Udwantnagar (Gajrajganj) O.P. P.S. Case No.169 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.