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Patna High CourtCR. MISC./46369/2019bail granted

Chhotu Kumar @ Chandraket Singh v. The State Of Bihar

2019-10-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46369 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== Chhotu Kumar @ Chandraket Singh Son of Jai Prakash Singh Resident of Village-Karanpura, P.S.-Gopalpur, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/120 B of the Indian Penal Code and Section 27 of the Arms Act. While the informant had gone to hospital to see Birendra Singh along with Kallu Singh and Upnesh Singh, petitioner and other named accused persons also arrived there along with her son to see said Birendra Singh. Thereafter all the accused persons took her son from the Hospital and Upnesh Singh and Kallu Singh resorted firing on the temple of her son resulting into his death during the course of treatment due to dispute ensued in money transaction.

Patna High Court CR. MISC. No.46369 of 2019(3) dt.17-10-2019 2/2 It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. There is no overt act against the petitioner. The assailants are Upnesh Singh and Kallu Singh. There is no animosity between the deceased and the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-Xcum-A.C.J.M., Patna in connection with Patrakar Nagar P.S. Case No.105 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T