Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13180 of 2023 Arising Out of PS. Case No.-867 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Chandan Singh S/O Ashok Singh R/O Village Bikrampur, P.S.- Marhowrah, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Marhowrah P.S. Case No. 867 of 2020 registered under sections 147, 149, 341, 323, 324, 307, 504 and 302 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is said to have assaulted the informant and his father on account of dispute of selling of liquor and later on father of the informant died during the course of treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is no specific overt act has been attributed against the

Patna High Court CR. MISC. No.13180 of 2023(2) dt.25-04-2023 2/2 petitioner rather general and omnibus allegation has been levelled against him. It is also submitted that the specific overt act of assaulting is against co-accused Kariman Singh who has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-3 series of this petition. Nothing consistent evidence has come against this petitioner to implicate in this alleged offence. Moreover, he is languishing in judicial custody since 15.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Marhowrah P.S. Case No. 867 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Saran at Chapra.

(Sunil Kumar Panwar, J) shubham/- U T