Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8664 of 2020 Arising Out of PS. Case No.-318 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== CHHOTU KUMAR Son of Sunil Kumar Singh Resident of Village - Dighi Pokhrahi, P.S.- Navinagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nivedita Nirvikar :

Mr. Arya Achinte :

Mr. Rohan Sudarshan :

Mr. Subodh Kr. Barnwal For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nabinagar PS case no. 318 of 2018 registered for the offences punishable under Sections 302, 201 of Indian Penal Code and Section 27 of Arms Act.

The case of the prosecution in brief is that the brother of the informant left the house with his friend and did not return. Lateron, the dead body of the brother of the informant was found and identified by the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he is a non-FIR named accused person and is having a clean antecedent. It is further submitted that the name

Patna High Court CR. MISC. No.8664 of 2020(2) dt.28-02-2020 2/3 of the petitioner has transpired upon the confessional statement made by the co-accused person namely Pawan Kumar Singh, who has already been granted regular bail by a co-ordinate Bench of this Court vide order dated 08.08.2019 passed in Cr. Misc. no. 49079 of 2019.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner as also taking into account the fact that the person on whose confessional statement, the name of the petitioner has transpired, has already been granted bail by a co-ordinate Bench of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Aurangabad in connection with Nabinagar PS case no. 318 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T

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