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Patna High CourtCR. MISC./2993/2024bail granted

Chunchun Singh @ Satyajeet Kumar v. The State Of Bihar

2024-01-31Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2993 of 2024 Arising Out of PS. Case No.-262 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Chunchun Singh @ Satyajeet Kumar Son of Parmanand Singh Alias Ramchandra Singh Resident of village- Bihat, Khem Karanpur Tola, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Teghra P.S. Case No. 262 of 2022 lodged under Sections 307, 120B and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against accused persons against whom allegation of making indiscriminate firing by which two persons were injured.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that only by virtue of suspicion and at the ground that his antecedent is not clean, his name has figured in this case.

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5. Counsel also submits that this Hon'ble Court has pleased to grant bail to five different persons in this case vide order dated 05.12.2023, 13.12.2023, 14.12.2023 and 20.12.2023 passed in Cr. Misc. Nos. 77775 of 2023, 79317 of 2023, 80665 of 2023 and 82755 of 2023.

6. Counsel for the petitioner submits that petitioner is in custody since 17.09.2022, but in the present case, he was remanded on 16.08.2023. He submits that charge-sheet has already been filed in this case.

7. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and there are total 17 criminal cases pending against him including the present case.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 262 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of

3/4 the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

9. However, petitioner shall be granted bail only after trial court being satisfied by the affidavit to be submitted by the petitioner to the effect that he is not absconding in any other cases which is pending against him whose details are as follows:- i. Barauni P.S. Case No. 422 of 2019.

ii. Barauni P.S. Case No. 309 of 2019.

4/4 iii. Barauni P.S. Case No. 386 of 2019.

iv. Barauni P.S. Case no. 460 of 2018.

v. Barauni P.S. Case No. 486 of 2018.

vi. Barauni P.S. Case No. 280 of 2019.

vii. Barauni P.S. Case No. 563 of 2018.

viii. Barauni P.S. Case No. 386 of 2019.

ix. Barauni P.S. Case No. 438 of 2022.

x. Fulwariya P.S. Case No. 156 of 2022.

xi. Fulwariya P.S. Case No. 157 of 2022.

xii. Bachhwara P.S. Case No. 240 of 2022.

xiii. Barauni P.S. Case No. 440 of 2022.

xiv. Bachhwara P.S. Case No. 239 of 2022.

xv. Teghra P.S. Case No. 263 of 2022.

xvi. Teghra P.S. Case No. 265 of 2022 .

(Dr. Anshuman, J.) Prakashmani/- U T