Chandan Kumar @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70248 of 2022 Arising Out of PS. Case No.-248 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== CHANDAN KUMAR @ CHANDAN SINGH S/o Nirbhay Singh R/o Village- Sishauni, P.S- Harlakhi, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Harlakhi P.S. Case No. 248 of 2022 registered for the offences under Sections 341/323/307/379/504/506/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 14.08.2022.

The allegation against the petitioner is to assault the husband of informant alongwith six named co-accused persons by means of using knife, causing severe head injuries, where

Patna High Court CR. MISC. No.70248 of 2022(2) dt.29-03-2023 2/3 cause of occurrence is unexplained, as per F.I.R. Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is appearing very much general and omnibus against this petitioner. It is further submitted that petitioner was alleged to cause knife injury upon the husband of informant alongwith other co-accused persons but upon medical examination only laceration and swelling wound were found, which negates allegation on its face. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of nature of injuries, where allegation against this petitioner, as regard to assault is appearing very much general and omnibus, coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Harlakhi P.S. Case No. 248 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.70248 of 2022(2) dt.29-03-2023 3/3 each to the satisfaction of learned Judicial Magistrate, I, Class, Benipatti/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T