Patna High CourtCR. MISC./79570/2018bail granted

Tutoo Chaudhari @ Rahul Chaudhari @ Tutu @ Rahul v. The State Of Bihar

2019-01-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79570 of 2018 Arising Out of PS. Case No.-366 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Tutoo Chaudhari @ Rahul Chaudhari @ Tutu @ Rahul, S/o Ramagya Chaudhari, Resident of Vill - Anaith, P.S. - Ara Nawada, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ara Nagar P.S. Case No. 366 of 2017 for the offences punishable under Sections 302, 120(B), 34 of the IPC and Sections 27 of the Arms Act.

The allegation according to the informant is regarding the accused persons have assaulted and fired upon the informant as well as on one Krishna Kumar Singh, resulting in gun shot injury to the said Krishna Kumar Singh and he died subsequently.

Learned counsel for the petitioner submits that the petitioner has not been arrayed as an accused in the FIR and subsequently on the basis of the confessional statement of the co-accused, he has been falsely implicated in the present case.

Patna High Court Cr.Misc. No.79570 of 2018(2) dt.24-01-2019 2/2 It is further submitted that the main assailant namely Md. Sahid Ali has already been granted bail by a coordinate Bench of this Court vide order dated 10.10.2017 passed in Cr. Misc. No. 44505 of 2017. Lastly, it is submitted that the petitioner is said to be having a clean antecedent and he is languishing in custody since 15.05.2018.

Having regard to the fact and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, in connection with Ara Nagar P.S. Case No. 366 of 2017.

(Mohit Kumar Shah, J) khushbu/- U T