Chhotu Kumar @ Chhotu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5240 of 2025 Arising Out of PS. Case No.-314 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Chhotu Kumar @ Chhotu Yadav S/O Jai Prakash Yadav R/O Vill.- Belsara, Ward no. 6, P.S.- Ranjigan, Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Mukesh Kumar Rana, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard Mr. Mukesh Kumar Rana, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1) and 61(2) of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, informant suspects that due to old dispute, this petitioner, along with other accused persons named in the F.I.R., killed her husband.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Informant is not an eye witness to the occurrence and only on suspicion, petitioner has been made an accused in this case. During course of investigation, no direct or
Patna High Court CR. MISC. No.5240 of 2025(4) dt.07-08-2025 2/2 indirect evidence has surfaced to connect this petitioner with the alleged occurrence. It is further submitted that similarly situated co-accused persons, namely Ashish Kumar and Bipin Yadav, have already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 05.02.2025 passed in Cr. Misc. Nos. 83317 of 2024 and 84058 of 2024. Moreover, charge-sheet has already been submitted. Petitioner has got no criminal antecedents and he is in custody since 15.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Araria in connection with Raniganj P.S. Case No. 314 of 2024. (Prabhat Kumar Singh, J) shashank/- U T