Chunchun Sinh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 24477 of 2020 Arising Out of PS. Case No.-280 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== CHUNCHUN SINGH Son of Parmanand Singh Resident of Village- Bihat Khemkaranpur Tola, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate.

Mr. Bipin Kumar, Advocate.

For the Opposite Party/s :

Mr. Anand Kishore Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 307, 302 & 120B of the Indian Penal Code and Section 27 of the Arms Act pending before the learned Chief Judicial Magistrate, Begusarai. As per the prosecution case, on the date of occurrence, while the informant along with her family members was sleeping in her house in the night, at about 12 PM some persons untied all the cows of the informant. On alarm being made, her son and daughter-in-law got up and tied the cows. Meanwhile, she saw in the light of the electricity that the petitioner along with eleven persons named in the F.I.R. came

Patna High Court CR. MISC. No.24477 of 2020(3) dt.20-10-2020 2/3 out from the house of Sohan Kunwar with pistols in their hands. Amrit Singh alias Botla had a rifle in his hand. On the instigation of Sohan Kunwar, Amrit Singh @ Botla, Sohan Kunwar, Praveen @ Kari, Brajesh Kunwar, Bhola Kunwar, petitioner, Chhotu Kunwar, Rahul Kunwar and Surendra Kunwar resorted firing on the Amarjeet and sustaining multiple gun shot injuries he died on the spot. The motive behind the occurrence is said to be previous case and to grab her land forcibly.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case by the police due to ulterior motive. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been languishing in custody since 20.11.2019.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that from perusal of the case diary and the prosecution report, it is manifestly clear that the petitioner was involved in the aforesaid occurrence along with other co-accused. Hence, the petitioner does not deserve

Patna High Court CR. MISC. No.24477 of 2020(3) dt.20-10-2020 3/3 bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected.

(Anjani Kumar Sharan, J) Trivedi/- U T