Chandan Singh @ Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85653 of 2024 Arising Out of PS. Case No.-288 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Chandan Singh @ Chandan Kumar Singh Son of Late Dilip Kumar Singh R/O-Village- Shankar Saraiya, PS- Turkailiya, Distt.- East Champaran 2.
Ajit Singh @ Ajit Kumar Singh Son of Bacha Singh R/O-Village- Shankar Saraiya, PS- Turkailiya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Turkauliya P.S. Case No. 288 of 2024 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that on the date of occurrence Panchayat Raj Officer has arrived where the Panchayat Bhawan was being constructed. At that time, altogether 20 accused persons arrived and started objecting. It is
Patna High Court CR. MISC. No.85653 of 2024(3) dt.10-01-2025 2/3 alleged that Ajit Kumar Singh fired with pistol which hit the hand of Dilshan. Chandan Singh assaulted with farsa to Ibrar.
4. During course of argument, learned counsel for the petitioners has submitted that there is also a counter version of this case and that there was free fight. From perusal of the injury report of Ibrar it is clear that the nature of injury is simple and he received injuries with hard and blunt substance whereas the allegation is that of assaulting with farsa. The allegation and injuries does not co-relate.
5. In contra, learned APP appearing for the State has strongly and vehemently opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, as well as considering the fact that there is no repetition of fire and vital part of body has not been injured of fire, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Turkauliya P.S. Case No.288 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.85653 of 2024(3) dt.10-01-2025 3/3 satisfaction of learned Additional Chief Judicial Magistrate VI, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T