Chhotu @ Gundaraj @ Ubaidulla Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11045 of 2020 Arising Out of PS. Case No.-109 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

CHHOTU @ GUNDARAJ @ UBAIDULLA KHAN S/O Sahabuddin Khan @ Nizamuddin Khan Resident of Muhalla- Kasai Tola, P.S. - Ara Town, District - Bhojpur.

2.

Sibbu @ Md. Mizibullah @ Mozibullah S/O Sahabuddin Khan @ Nizamuddin Khan Resident of Muhalla- Kasai Tola, P.S. - Ara Town, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Ara Town P.S. Case No. 109 of 2019, registered for the offences punishable under Section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

Prosecution case in brief is that all the accused persons including these petitioners variously armed entered into his house and co-accused Khursid fired upon his sister Shabnam

Patna High Court CR. MISC. No.11045 of 2020(2) dt.16-06-2020 2/2 Tara which hit her head and she died on the spot. It is further alleged that co-accused Nair and Samsher fired upon him which hit his forehead and heart, causing injury on his head and heart. It is submitted that petitioners have been falsely implicated in this case due to previous enmity. There is general and omnibus allegation. Specific allegation of firing is against co-accused Khurshid, Nair and Samsher. The petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 109 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T