Aashish @ Chhotu v. The State Of Bihar

Patna High Court Cr.Misc. No.4177 of 2016 (3) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4177 of 2016 Arising Out of PS.Case No. -90 Year- 2014 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Aashish @ Chhotu Son of Kamlesh Prasad Singh, Resident of VillageAshok Nagar, Road No. -11, Police Station -Kankarbagh, District- Patna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Jay Ram Prasad,Advocate For the Opposite Party : Mr. M. Rab(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Ram Krishna Nagar P.S. Case No. 90 of 2014 registered for the offences punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is not named in F.I.R but subsequently during the course of investigation it came to be known that a party was taking place at Hans Bear Bar which was for the purpose of celebrating purchase of vehicle by one Raj Shekhar Kumar. In the said party the informant's brother Divyanshu had also participated along with the present petitioner. The further submission of the

Patna High Court Cr.Misc. No.4177 of 2016 (3) dt.22-04-2016 petitioner is that said Raj Shekhar Kumar had been taken into custody and a confessional statement was made by him in which he has taken the name of the present petitioner, however, during the course of further investigation, it has also come in paragraph-7 of the case diary that there was a firing made which accidentally hit the brother of the informant.

Learned counsel appearing on behalf of the State, after perusal of the case diary submits that such fact has come on record in paragraph-7 of the case diary and that there is no further cogent material to implicate the petitioner.

In view of the aforementioned facts and circumstances and also because petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Patna in connection with Ram Krishna Nagar P.S. Case No. 90 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) ravi/- U T