Chhote Kumar @ Chhote Singh @Chhotu Kumar @ Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43726 of 2015 Arising Out of PS.Case No. -291 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== CHHOTE KUMAR @ CHHOTE SINGH @ CHHOTU KUMAR @ CHHOTU SINGH, S/o Shri Devendra Singh @ Pahalwan Ji, R/o Sikandarpur, P.S. Bihta, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate. For the Opposite Party/s : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2016 Heard both sides.

The petitioner apprehends his arrest in Naubatpur P.S. Case No. 291 of 2014 registered under Sections 302/201 of the Indian Penal Code.

FIR is lodged against unknown. Learned counsel for the petitioner submits that there is no eye witness of the occurrence. During the course of investigation, Ankita Devi, the wife of the deceased, disclosed that her husband had made an agreement to sell a piece of land of his relative and for that Sanjay Singh and his men including the petitioner had threatened the husband of Ankita Devi. She further alleged that on 12.06.2014, Sanjay Singh, his maternal brother Anjani Singh, Dhiraj Kumar and Chhotu Singh (the petitioner) and one unknown person called her husband and thereafter her husband became traceless and his dead body was found on 16.06.2014. It is submitted that the wife

Patna High Court Cr.Misc. No.43726 of 2015 (5) dt.31-08-2016 2/2 of the deceased is not an eye witness of the occurrence. She has not stated anywhere that how did she come to know that the petitioner and others called her husband but it appears from the case diary that almost all the witnesses have stated that the petitioner and others called the deceased and after two days, dead body of the deceased was found. The prayer for anticipatory bail of Anjani Kumar @ Anjani Singh, a similarly situated co-accused, has already been rejected vide order passed in Cr. Misc. No. 42479/2015.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Naubatpur P.S. Case No. 291 of 2014. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that similarly situated coaccused, namely, Dhiraj Kumar, Sanjay Kumar, Chunnu Sharma @ Dharmendra Kumar have already been granted regular bail and dispose of the bail petition of the petitioner, if possible, on the same day.

(Prabhat Kumar Jha, J) Dilip/- U T