Deepak Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36931 of 2019 Arising Out of PS. Case No.-718 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== DEEPAK KUMAR @ CHHOTU, son of late Durga Das, Resident of Mohalla - Park Road, Kadam Kuan, P.S.- Kadam Kuan, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP For the Informant :
Dr. Om Prakash Om, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Kadam Kuan P.S. Case No.718 of 2018 instituted for the offence under Section(s) 302, 326/34 Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that there is no allegation of any specific overt act against the petitioner. Counsel for the informant submits that petitioner is named in the First Information Report.
In the written report, it is alleged that on hearing sound of firing the informant saw Rahul making firing and behind him Bhawani was also running armed with Bhujali. It is also alleged that the informant saw this petitioner along with
Patna High Court CR. MISC. No.36931 of 2019(2) dt.20-06-2019 2/2 Satish running towards Churi market.
In this manner, from the written report itself, it is apparent there is no allegation of specific overt act against the petitioner.
Petitioner is in custody since 26.11.2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Sub Judge VII cum Additional Chief Judicial Magistrate, Patna, in connection with Kadam Kuan P.S. Case No.718 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T