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Patna High CourtCR. MISC./32672/2025bail granted

Chakarwarti Kumar @ Chakarwati Kumar v. The State Of Bihar

2025-05-21Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32672 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Chakarwarti Kumar @ Chakarwati Kumar S/o Shiv Shankar Singh R/o VillMirzapur, Bandwar Bishanpur, P.S.- Begusarai Town, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv Mrs. Vaishnavi Singh, Adv Mr. Ritwik Thakur, Adv For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner makes a prayer for grant of regular bail in connection with Begusarai Town P.S.Case No. 05 of 2024 registered under sections 302, 201/34 of the Indian Penal Code.

3. The allegation in the FIR, relates to the fact that the petitioner and others assaulted the son of the informant in a brutal manner causing his subsequent death during the course of treatment.

4. Learned counsel for the petitioner submits that it would be apparent from the very perusal of the FIR, that there is general and omnibus allegation on five accused persons

Patna High Court CR. MISC. No.32672 of 2025(2) dt.21-05-2025 2/3 including the petitioner of assaulting the deceased. However, subsequently, there is specific allegation on co-accused Pankaj Singh of assaulting the deceased on his head by means of an iron rod. So far as, the present petitioner is concerned, there is an allegation of assaulting the deceased on his jaw, however, the FIR does not disclose that the assault was made with any weapon rather the petitioner is not even alleged to be armed with any weapon. It is further submitted that the case of the present petitioner is similar to the cases of accused Rampati Kumar and Chintu Singh and in said connection, the order dated 18.04.2025 passed in Cr. Misc. No. 24707 of 2025 has been b rought on record ( Annexure-2) granting bail to co-accused Rampati Kumar upon framing of charge.

Today, by way of supplementary affidavit, the order dated 02.05.2025 passed in Cr. Misc. No. 29154 of 2025 granting bail to co-accused Chintu Singh upon framing of charge has also been brought on record. Learned counsel for the petitioner points out that in the present case also the charges have been framed against the petitioner vide order dated 14.05.2025. The petitioner is in custody since 18.10.2024.

5. Taking into consideration that similarly situated coaccused persons have already been granted bail and charges

Patna High Court CR. MISC. No.32672 of 2025(2) dt.21-05-2025 3/3 have also been framed in case of the present petitioner, let the above named petitioner be enlarged 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S.Case No. 05 of 2024.

(Soni Shrivastava, J) N.K/- U T