Patna High CourtCR. MISC./41735/2016bail granted

Chhotan Singh @ Ram Nandan Prasad Singh v. The State Of Bihar

2017-01-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41735 of 2016 Arising Out of PS.Case No. -55 Year- 2009 Thana -BEUR District- PATNA ======================================================

1. Chhotan Singh @ Ram Nandan Prasad Singh Son of late Ramdhyan Singh Resident of Village- Jagmal Bigha, PS Khushrupur, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikas Kumar, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 302/34/120B of the Indian Penal Code and Section 27 of the Arms Act.

As per First Information Report five accused persons along with two unknown allegedly committed murder of Sanjeet by causing fire-arm injury.

Submission of the petitioner is that the allegation is general and omnibus. The petitioner is in custody since 06.04.2016. Charge sheet has already been submitted in this case on 30.06.2016 and similarly situated co-accused Bhushan Singh @ Bhushan and others have already been allowed regular bail by

Patna High Court Cr.Misc. No.41735 of 2016 (5) dt.23-01-2017 2/2 different coordinate Benches of this Court in Cr. Misc. No.5595 of 2014 on 20.06.2014 and Cr. Misc. No.46698 of 2009 on 09.03.2010.

Contention of the opposite party is that coaccused Hari Singh @ Hari Kant Kumar has been refused regular bail in Cr. Misc. No.39311 of 2016 on 29.09.2016. The case is of the year 2009. Petitioner was absconding till 06.04.2016. Considering the fact that the prayer of Hari Singh was refused considering the fact that he was a history sheeter, the case of the petitioner is distinguishable, there is general and omnibus allegation against the petitioner, let petitioner, above named, be enlarged 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 Additional Sessions Judge-IV, Patna/Successor Court, in connection with S.T. No.968A of 2009 giving rise to Beur P.S. Case No. 55 of 2009. (Birendra Kumar, J) Mkr./- U T