Amitesh Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 52727 of 2024 Arising Out of PS. Case No.-411 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Amitesh Kumar @ Chhotu Son of Ashok Kumar Singh R/O Vill.- Chhirtrour, P.s.- Matihani, Dist.- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.N. Shahi, Sr. Adv Mr. Shivam, Adv Mr. Rup Shankar Ray, Adv For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2024 Heard Mr. P.N. Shahi, learned Senior Counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Begusarai Twon P.S. Case No. 411 of 2021 registered for the offence punishable under Sections 341, 307, 302, 504, 506 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, Aniket @ Bittu shot at the informant, Vivek shot at Ankit Kumar (the deceased), Jayant Kumar shot at Raja Kumar. Ankit Kumar died on the spot and other survived.
4. It has been submitted by the learned Senior Counsel
Patna High Court CR. MISC. No. 52727 of 2024(3) dt.29-11-2024 2/3 for the petitioner that the petitioner is not named in the FIR. He is not an assailant of the deceased. He is in jail since 24.07.2023. Similarly situated accused persons namely, Vaibhav Kumar @ Baibhav Arya, Guddu @ Gudla @ Mohan Kumar and Dharamveer Chaudhary @ Dharwa and Raj Kumar have been granted bail by this Court vide Annexure-P-3 series.
5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
6. Considering the fact that the petitioner is not an assailant of the deceased as also the fact that similarly situated accused persons have been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Begusarai in connection with Begusarai Twon P.S. Case No. 411 of 2021, subject to the following conditions: (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present or through his counsel as directed by the Court. (ii) The petitioner will mark his attendance at Matihani Police Station on first and third Sunday of each month. Any
Patna High Court CR. MISC. No. 52727 of 2024(3) dt.29-11-2024 3/3 default in appearance at the police station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J) kiran/- U T