Chunnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8811 of 2021 Arising Out of PS. Case No.-81 Year-2017 Thana- KAUWAKOL District- Nawada ====================================================== CHUNNU KUMAR Son of Late Jattu Mahto Resident of Village - Sokhodewra (Shokhodaura), P.S. - Kawakole, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Lal For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Allegedly, the informant's nephew had gone to his Sasural where he was killed by unknown person.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The name of the petitioner has transpired in this case merely on the

Patna High Court CR. MISC. No.8811 of 2021(3) dt.29-11-2021 2/2 basis of suspicion. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case. After investigation, police submitted final form (Annexure-2 to the present application) against the petitioner. The court below differed with the said final form submitted by the police and took cognizance. Hence the present application has been filed. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nawada in connection with Kauwakol P.S. Case No. 81 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T