Chintu @ Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45876 of 2016 Arising Out of PS.Case No. -548 Year- 2015 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Chintu @ Rajnish Kumar son of Ram Pravesh Sah, resident of villageSain, Tole Brijlal, Police Station- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Rajpati For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Section 394 of the Indian Penal Code and 27 of Arms Act. It is alleged by the informant that after dropping some female relatives he proceeded to his native village and when he reached near J.K. Tyre showroom he stopped his bike for natural call and started to talk with his wife. In the meantime three miscreants on Apache motorcycle came and stopped their motorcycle and one person asked his motor cycle's key. Suddenly one miscreant fired from a country made pistol and took away his mobile, Rs. 32,500/- cash and pushed him. He became unconscious. In course of treatment bullet was taken out from his chest and he claims that he can identify the accused persons.

Patna High Court Cr.Misc. No.45876 of 2016 (2) dt.21-10-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since15.02.2016. 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 FIR. He has not been put on T.I. parade. There is no recovery of any incriminating article from the possession of the petitioner. Other co-accused has been granted bail by a coordinate bench of this Court vide Annexure 2 to the present application.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, (West) Muzaffarpur, in connection with Kanti P.S.Case No.548/2015, G.R.No. 2954/2015. (Sudhir Singh, J) singh/- U T