Chhote Singh @ Chhotu Singh @ Chotu Singh @ Chote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46844 of 2015 Arising Out of PS.Case No. -381 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. CHHOTE SINGH @ CHHOTU SINGH @ CHOTU SINGH @ CHOTE SINGH Son of Ram Bilash Singh Resident of village- Rahatpur, P.S. Balia, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 10.03.2015 passed in Cr. Misc. No. 44566 of 2014 on the ground that the petitioner is suffering in custody since 07.07.2014 having no criminal antecedent and in near future the trial is not likely to be concluded as is evident from the report of the learned trial Judge, up till now no prosecution witness has been examined and in this case other co-accused, namely, Murari Singh @ Murari Kumar has been allowed bail vide Cr. Misc. No. 19868 of 2015 against whom there is allegation that he and co-accused Karu Singh shot the son of the informant on his chest, whereas, against the petitioner there is allegation that he shot fire which hit the deceased above his

Patna High Court Cr.Misc. No.46844 of 2015 (6) dt.16-03-2016 2/2 cheek. It is submitted that against co-accused Ram Bharoshi Singh there is allegation that he shot fire which hit on the cheek of the deceased.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the petitioner has caused fire arm injury. In the facts and circumstances as stated above, considering detention of the petitioner and further that co-accused Murari Singh @ Murari Kumar has already been allowed bail and as such the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IV, Begusarai in Sessions Trial No. 277 of 2015 arising out of Begusarai Town P.S. Case No. 381 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T