Chandan Kunwar @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48258 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -MATIHANI District- BEGUSARAI ====================================================== Chandan Kunwar @ Chandan Kumar S/o Ashok Kunwar Resident of Village- Shankarpur Bakhadda, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Matihani P.S. Case No. 61 of 2015 registered under Sections- 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act.

It is alleged that brother of the informant had gone out and when he did not return informant made search. When she reached near bamboo club of Babu Sahab Kunwar, she saw 6-7 persons standing and identified them in torch light as Rinku Devi, Daulat Kunwar, Ganga Singh and Rajesh Choudhary. Rinku Devi ordered to kill, on that Daulat made firing on her brother Krishna Murari Kunwar. Co-accused Rajesh Chaudhary and Ganga Singh also made several firing which hit her mother. Her mother and brother being injured felt down and then all the

Patna High Court Cr.Misc. No.48258 of 2016 (4) dt.09-02-2017 2/2 accused persons taking benefit of darkness fled away. Mother died on the spot and brother was declared dead in Sadar Hospital, Begusarai.

Learned counsel for the petitioner submits that petitioner is not named in the FIR. There is no specific allegation against this petitioner. Petitioner is in custody since 08.06.2016. Similarly situated co-accused have been granted bail by this Court vide order dated 18.09.2015 and 05.11.2015 passed in Cr. Misc. No. 43245 of 2015 and 37629 of 2015 respectively.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, the petitioner above named is directed to 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 Sri Pushpendra Kumar Pandey, Judicial Magistrate, 1st Class, Begusarai in connection with G.R. No. 2869 of 2015 arising out of Matihani P.S. Case No. 61 of 2015.

(Arvind Srivastava, J) Manish/- U T