Chandra Mohan Singh @ Chandra Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80908 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== CHANDRA MOHAN SINGH @ CHANDRA MOHAN KUMAR Son of Rakesh Singh Resident of Village - Manganpur, P.S.- Bhagwanpur, District - Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhagwanpur P.S. Case no. 104 of 2019 instituted for the offence under Sections 341, 323, 324 and 302/34 of the Indian Penal Code and section 27 of the Arms Act.
As per allegation in the FIR, petitioner along with other accused persons surrounded the son of the informant and assaulted him with lathi, danda etc resulting into severe injury
Patna High Court CR. MISC. No.80908 of 2019(4) dt.07-12-2021 2/3 and bleeding to him. Co-accused Jaikishore Singh and Brajesh Singh have shot fire at Bikram Kumar.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Specific allegation of firing is against co-accused Jaikishore Singh and Brajesh Singh and not against this petitioner. Coaccused Brajesh Singh has already been granted bail vide order dated 28.6.2021 passed in Cr. Misc. No. 82110 of 2019 by a different co-ordinate Bench of this Court. The present case is counter blast of Bhaganpur P.S. Case No. 107 of 2019 and only to save the skin from this case, informant has lodged the present case against the petitioner. Petitioner has also received injury and for better treatment he was referred to PMCH, Patna from Sadar Hospital.
Learned APP appearing for the State has opposed the prayer of anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender
Patna High Court CR. MISC. No.80908 of 2019(4) dt.07-12-2021 3/3 in connection with Bhagawanpur P.S. Case no. 104 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U