Chotka Sunny @ Sunny Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11987 of 2017 Arising Out of PS.Case No. -345 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Chotka Sunny @ Sunny Paswan Son of Vidya Paswan, Resident of Mohalla- Baken Babu Gali, Gavtal, P.S. Danapur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Danapur P.S. Case No. 345/2016, registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code as well as Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR rather, during course of investigation his name transpired on the basis of confessional statement of Ajay Kumar @ Bilai Gope and thereafter, the petitioner was apprehended and his confessional statement has also been recorded. Except confessional statement there is nothing against the petitioner. The petitioner has been involved in other cases also due to police atrocities and in this case he is in custody since 19.11.2016,

Patna High Court Cr.Misc. No.11987 of 2017 (3) dt.12-04-2017 2/2 whereas, Ajay Kumar @ Bilai @ Bilai Gope has been allowed bail vide order passed in Cr. Misc. No. 1501/2017 by another co-ordinate Bench of this Court.

Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer for bail by submitting that the petitioner is veteran criminal and he has got criminal antecedent. He is associate of Dinesh Kumar and Ajay Kumar @ Bilai Gope. In the facts and circumstances stated above, considering that Ajay Kumar @ Bilai @ Bilai Gope has already been allowed bail and as such the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 345/2016, subject to the conditions that one of the bailors must be 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.) Rakhi U T