Chandan Pratap Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19944 of 2019 Arising Out of PS. Case No.-317 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== 1.
Chandan Pratap Sinha Son of Narendra Kumar Resident of Village - Momindpur, P.S.- Fatuha, District- Patna, At present N.M.C.H. I.D.H. Quarter No. 2, P.S.- Alamganj, District- Patna 2.
Vikki Kumar Son of Virendra Prasad Swarnakar @ Birendra Prasad Resident of Village - Nandgola, Near Kusagra International School, P.S.- Malsalami, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Mr. Shashank Shekhar Mr. Malay Kumar Choudhary Mr. Rajeev Ranjan For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Prosecution case, in short, is that the younger son of the informant, namely, Ritesh Kumar used to run jewellary shop at the house. His son proceeded from house on 3.9.2018 at 7 P.M. along with his friend Pappi, Sofawala, Vikki, Raja and Chandan and at 7 P.M. a phone call received on mobile of his son Rajesh Prasad by some one that Ritesh Kumar was shot at Sofa shop, who was taken to the Hospital for treatment and during treatment he died.
Patna High Court CR. MISC. No.19944 of 2019(5) dt.09-08-2019 2/2 It has been submitted on behalf of the petitioners that the petitioner No.1 is in custody since 4.9.2018 and petitioner No.2 is in custody since 29.10.2018 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired merely on the basis of suspicion as the deceased had left home along with the petitioners and other accused persons. There is no eye witness to the alleged occurrence. Other co-accused have been granted bail by the court below itself. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge VII, Patna City in connection with Sessions Trial No.813 of 2018 arising out of Khajekalan P.S. case No.317 of 2018. (Sudhir Singh, J) Narendra/- U T