Chinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58582 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Chinku Singh S/o Late Sanjeev Kumar Singh, R/o Village- Sakh Mohan, P.S.- Bibhutipur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s: Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-01-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Bibhutipur P.S.Case No. 72 of 2017 registered under Section 302 of the Indian penal Code and Section 27 of Arms Act. Allegation in brief is that Kishan Kumar Singh, one of the co-accused traveling by informant's Magic vehicle refused to give fare and threatened him asking how he dared to ask for fare and in the afternoon, some miscreants came at his house and quarreled with him and it is alleged that this petitioner shot at him but hit his daughter causing her death.

Submission is that para-8 of the case diary, clearly reflects that this occurrence took place in the afternoon on 6th April, 2017 whereas FIR was lodged on 07.04.2017 at 10:00 P.M. and on the same day police and senior police officials turned up but the

Patna High Court Cr.Misc. No.58582 of 2017 (3) dt.24-01-2018 2/2 family members of the deceased refused to give any information at that time and after a day, petitioner has been implicated in this case, he was not apprehended at the spot rather Nigam Kumar, another co-accused was apprehended by the local people and the police has submitted charge sheet in this case moreover the petitioner has no criminal antecedent.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Chinku Singh is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Bibhutipur P.S. Case No. 72 of 2017, with condition that one of the bailors must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any medical emergency, his bail bond shall be liable to be cancelled.

(Arun Kumar, J) Sujit/- U T