Patna High CourtCR. MISC./20331/2019bail granted

Adnann @ Chotoo v. The State Of Bihar

2019-05-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20331 of 2019 Arising Out of PS. Case No.-632 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Adnann @ Chotoo S/o Abulesh @ Abulesh Dealer, Resident of VillagePurwari Jhirwa,P.S-Simraha, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Preeti Kumari.

For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2019 Counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the main application in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 324, 302, 504/34 of the Indian Penal Code. The prosecution case in brief is that in course of coming Simraha Bazar, in the way, the miscreants surrounded the informant with his brother and in consequence thereof, the informant's brother was assaulted, as a result of which, he sustained injuries and was declared to be dead in Forbesganj hospital.

Patna High Court CR. MISC. No.20331 of 2019(2) dt.03-05-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 07-12-2018. Charge sheet has already been submitted. The FIR is against unknown. The petitioner is not named in the FIR. The name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused. Except for confessional statement, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 632 of 2018.

(Sudhir Singh, J) A.K.V.//- U T