Chullu Baba @ Chullu Kumar @ Deo Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34144 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- SAHAR District- Bhojpur ====================================================== Chullu Baba @ Chullu Kumar @ Deo Kumar Pandey Son of late Basistha Pandey Resident of Village - Bindaul, P.S.- Bihita, Distt.- Patna. ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Pranav Kumar Jha Mr.Sarveshwar Tiwary For the Informant : Mr. Ravindra Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Sahar P.S. Case No. 247 of 2020, registered for the offence punishable under Sections 302, 120B of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, son of the informant was killed by firearm. Informant raised suspicion against this petitioner and other accused persons, as his son used to protest the love affairs of this petitioner with co-accused Khushbu Kumari.

It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence and only on suspicion petitioner has been made accused in this case. There is

Patna High Court CR. MISC. No.34144 of 2021(3) dt.17-01-2022 2/2 general and omnibus allegation and no specific overt act has been alleged against this petitioner. Similarly situated coaccused has been granted bail by this Court vide order dated 21.10.2021 passed in Cr. Misc. No. 40767 of 2021. Petitioner is in custody since 16.12.2020.

Counsel for the informant vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedents.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Ara, Bhojpur in connection with Sahar P.S. Case No. 247 of 2020. (Prabhat Kumar Singh, J) vinita/- U T