Chintu @ Kunj Bihari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3164 of 2015 Arising Out of PS.Case No. -229 Year- 2014 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================

1. Chintu @ Kunj Bihari Sharma Son of Sri Dinesh Prasad Sharma Resident of vill-Rajwara,P.S-Tajpur,Distt.-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-01-2015 Heard both sides.

The petitioner seeks bail in a case registered under section 302 and other allied sections of the Indian Penal Code. Petitioner is not named in the first information report. Learned counsel for the petitioner submits that during the course of investigation it has come that the deceased Awadhesh Kumar and others attended a party organized by Amit Singh in which constable Deepak Kumar opened fired in the air and second firing stuck in the pistol and during the course of removal of struck bullet the pistol got fired accidentally which hit Awadhesh Kumar the deceased. It is further submitted that the petitioner and others put the dead body in drainage so that it may look like accident . The police after investigation submitted charge sheet under section 304 of the Indian Penal Code.

Patna High Court Cr.Misc. No.3164 of 2015 (2) dt.27-01-2015 2/2 Having considered the fact that there is no allegation of firing against the petitioner and only allegation against the petitioner is that he along with other put the dead body in a drainage, the above named petitioner is directed to be enlarge on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in Samastipur Town P.S. Case No. 229 of 2014.

(Prabhat Kumar Jha, J) M.Rahman/- U T