Chhotan Kumar @ Chhote v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37034 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== Chhotan Kumar @ Chhote S/o Ramanuj Singh R/o Village- Ramdiri- Mahaji Tola- Chaudhry Patti, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Allegedly, while the informant was proceeding to Cheriya Bariyapur, in the way, the accused persons intercepted him and assaulted with the butt of pistol. It is also alleged that Rs. 15750/- and some documents were also snatched away. It has been submitted on behalf of the petitioner there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-01-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of

Patna High Court CR. MISC. No.37034 of 2019(2) dt.26-06-2019 2/2 any incriminating article from possession of the petitioner. The petitioner was not put on test identification parade. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 15-05-2019 passed in Cr. Misc. No. 32274 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Begusarai in connection with Karai Birpur P.S. Case No. 119 of 2018.

(Sudhir Singh, J) A.K.V.//- U T