Chhotan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47419 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== CHHOTAN YADAV, aged about 35 years (Male), S/o Mahendra Yadav, R/o village- Shiswa, P.S.- Raxaul, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Kant Singh, Advocate For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Ramgadhwa P.S. Case No. 20 of 2022 registered for the offence under Sections 392, 302, 120(B)/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case, in brief, is that on 16.01.2022 the son of the informant, namely, Ajeet Kumar, had gone at Raxaul for collection of business money alongwith one staff, namely, Golu Kumar Singh. At about 6.48 P.M., his staff Golu Kumar Singh informed that in course of returning from Raxaul

Patna High Court CR. MISC. No.47419 of 2022(2) dt.21-12-2022 2/3 to Motihari, near the village-Majhariya, some unknown criminals made firing on Ajeet Kumar and he sustained firearm injuries. With the help of local persons, injured brought at Raxaul S.R.P. Hospital. When the informant reached there he found that his son was dead.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.03.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in the present case in course of investigation. The petitioner was arrested in connection with another case where his self confession was recorded before the police. The petitioner has not been put on T.I. Parade to ascertain his participation in the alleged occurrence. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.47419 of 2022(2) dt.21-12-2022 3/3 satisfaction of learned Additional Sessions Judge-Vth, East Champaran, Motihari, in connection with Sessions Trial No. 673 of 2022, arising out of Ramgadhwa P.S. Case No. 20 of 2022. (Sudhir Singh, J) U.K./- U T