Patna High CourtCR. MISC./52257/2024dismissed

Chhotu Kumar v. The State Of Bihar

2025-01-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52257 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Chhotu Kumar Son of Ramashry Choudhary @ Asresh Chaudhary R/O Vill.- Bhagatpur, P.s.- Ballia, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Alauli P.S. Case No. 04/2023 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant's brother was killed by the accused persons.

4. The petitioner is one of the accused who along with Engineer Abhishek identified the deceased and the hired criminals shot at and killed the deceased. This is a case of 2023 and the petitioner is an absconder also. On merits also, this is not a fit case for grant of anticipatory bail as the petitioner has participated in the crime.

Patna High Court CR. MISC. No.52257 of 2024(5) dt.29-01-2025 2/2

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. This application is dismissed with a direction to the petitioner to surrender within two weeks and pray for regular bail. If the petitioner does not surrender within two weeks then the Superintendent of Police, Khagaria will take all steps for his arrest.

7. The District Judge, Khagaria is directed to expedite the trial of all the accused persons who have been granted bail.

8. Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor appearing for the State will communicate the order to the Superintendent of Police, Khagaria.

9. Learned counsel for the petitioner will serve a copy of the brief to the learned Additional Public Prosecutor for the State.

10. Let a copy of the order be communicated to the Superintendent of Police, Khagaria through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U T