Chhotu Kumar @ Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 59357 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== Chhotu Kumar @ Amar Kumar Son Of Ram Balak Singh Resident of VillageSrirampur Thutthi, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate :
Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Parbatta P.S. Case No. 69 of 2020 registered for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 22.03.2022.
The allegation against the petitioner is to commit murder of the son of informant alongwith other un-named coaccused persons by causing fire arm injury.
Patna High Court CR. MISC. No. 59357 of 2022(3) dt.20-02-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of secret input during the course of investigation, where nothing incriminating material surfaced, which may suggest involvement of petitioner with present occurrence of murder. It is further submitted that nothing surfaced from call details report as alleged. It is also pointed out that on the basis of suspicions, the statement of one co-accused, Rohit was recorded under Section 161 of the Cr.P.C., taking him as a witness, subsequently, his statement was also recorded under Section 164 of the Cr.P.C., and from either of statement nothing incriminating appears, which may suggest that the present murder was committed by this petitioner.
While concluding the argument, it has been submitted that petitioner is involved in one more criminal case, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail fairly conceded the fact that the petitioner is not named in F.I.R. Considering the facts and circumstances as mentioned above, and by taking note of the fact, as no incriminating
Patna High Court CR. MISC. No. 59357 of 2022(3) dt.20-02-2023 3/3 material surfaced during the course of investigation, in furtherance of suspicions to connect this petitioner with present occurrence on its face, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Parbatta P.S. Case No. 69 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Khagaria/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T