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Patna High CourtCR. MISC./26089/2020bail granted

Chhotu @ Gaurav Kumar v. The State Of Bihar

2020-12-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26089 of 2020 Arising Out of PS. Case No.-12 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== CHHOTU @ GAURAV KUMAR Son of Maheshwar Mahto Resident of Village- Ward No.3, Samsa, P.S.- Naokothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal,Adv For the Opposite Party/s :

Mr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2020 Heard the parties in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302,120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act. According to FIR, three persons including the petitioner fired at the brother of the informant and caused his death.

Earlier prayer for bail was refused on 07.12.2018 on merit. Thereafter, on 22.04.2019, the informant was examined during trial and he clearly stated that due to darkness he had not identified this petitioner at the time of occurrence. Considering the testimony of the informant and custody of the petitioner since 24.05.2018, let the petitioner,

Patna High Court CR. MISC. No.26089 of 2020(3) dt.03-12-2020 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.07 of 2019/C.I.S.No.716 of 2018/Computer Reg. S.C.No.716 of 2018 arising out of Naokothi Police Station Case No.12 of 2018 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T