Patna High CourtCR. MISC./48756/2024bail granted

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

2024-08-02Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48756 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Chhotu Singh @ Vivek Kumar @ Vivek Kumar Singh SON OF SURENDRA SINGH @ GANDASA SINGH VILLAGE- DEVRAJ BIGHA, PSNABINAGAR, DIST- AURANGABAD ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38353 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== CHOTU SINGH @ PRIYANSHU KUMAR @ CHHOTU SINGH SON OF BINOD SINGH @ VINOD SINGH RESIDENT OF VILLAGE - SONEVARSA, P.S. - NABINAGAR, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 48756 of 2024) For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Dashrath Mehta (In CRIMINAL MISCELLANEOUS No. 38353 of 2024) For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The following order was passed in Cr. Misc. No. 45548 of 2024 on 19.07.2024:- "Heard learned senior counsel for the petitioners, Shri Krishna Prasad Singh and learned APP for

Patna High Court CR. MISC. No.48756 of 2024(2) dt.02-08-2024 2/3 the State.

2. The petitioners seek bail in connection with Nabinagar P.S. Case No 298 of 2023 registered for the offence under Sections 364, 302/34 of the Indian Penal Code.

3. Though, as per the FIR, the petitioners have participated in the killing of the deceased but the informant, who is the mother of the deceased, has turned hostile.

4. Learned counsel for the petitioners submit that the petitioners are in jail since 04.09.2023.

5. Considering the aforesaid facts, this application is allowed.

6. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge IV, Aurangabad in connection with Nabinagar P.S. Case No. 298 of 2023."

3. It has been submitted by the learned counsel for the petitioners that the informant who is the mother has turned hostile and considering the same, some of the co-accused have been granted bail by this Court.

4. In view of the above, this application is allowed.

5. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Aurangabad in connection with Nabinagar P.S. Case No. 298 of 2023.

Patna High Court CR. MISC. No.48756 of 2024(2) dt.02-08-2024 3/3 6.The petitioner will co-operate in the trial. (Sandeep Kumar, J) Saif/- U T