Chhatish Kumar @ Satish Kumar @ Satish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46412 of 2022 Arising Out of PS. Case No.-250 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== CHHATISH KUMAR @ SATISH KUMAR @ SATISH KUMAR SINGH SON OF BIR KUNWAR SINGH @ BIRO SINGH R/O VILLAGE- GARA, P.S.- BHAGWANPUR, DIST.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect(s), as pointed out by the office, within four weeks.

The petitioner apprehends his arrest in Bhagwanpur P.S. Case No. 250 of 2020 registered for the offences punishable under Section 302/34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate 1st Class, Begusarai.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against

Patna High Court CR. MISC. No.46412 of 2022(2) dt.05-12-2022 2/3 the petitioner is not specific rather general and omnibus in nature. The only material against the petitioner is that when the informant received the information with respect to the murder of her father and brother she has returned back to village Gara and saw the dead body of her father and brother. Further when the informant enquired the matter in the village on her level she has came to know that her uncle cousin brother and bhabhi have murdered her father and brother. It is also submitted that similarly situated co-accused, namely, Jaimala Devi has been granted bail by a co-ordinate Bench of this Court vide order dated 20.06.2022 passed in Cr. Misc. 22517 of 2021. The informant disclosed the name of her uncle, her cousin brother and other persons.

Petitioner has no criminal antecedent. Learned APP for the State vehemently opposing the bail petition submitted that from perusal of the impugned order, it appears that a supplementary charge-sheet has been sent by the I.O. showing the petitioner as absconder and the trial of the co-accused is going on in the Court. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.46412 of 2022(2) dt.05-12-2022 3/3 learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U