Patna High CourtCR. MISC./71705/2021bail granted

Chunnu Kumar v. The State Of Bihar

2022-04-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71705 of 2021 Arising Out of PS. Case No.-443 Year-2021 Thana- MANER District- Patna ====================================================== CHUNNU KUMAR Son of Fuldeo Rai Resident of Village - Bhudar Tola Byapur, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, 16 FIR named accused persons, including this petitioner and seven unknown persons assaulted the father of informant with Lathi as a result of which he died during the course of treatment.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to old enmity. There is general and omnibus allegation against this petitioner and no specific overt act has been alleged against him. Specific allegation is against co-accused Bhubsagar

Patna High Court CR. MISC. No.71705 of 2021(3) dt.28-04-2022 2/2 Rai who assaulted the deceased by butt of the gun. Petitioner claims clean antecedent and is in custody since 3.07.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the fact that here is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioner and the period of custody of the petitioner, let the petitioner, above named, 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 Judicial Magistrate, 1st class, Danapur, Patna in connection with Maner PS case No.443/2021. (Prabhat Kumar Singh, J) shashi/- U T