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Patna High CourtCR. MISC./52845/2018bail granted

Chhotu @ Chotu @ Rishikesh And ANR v. The State Of Bihar

2018-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52845 of 2018 Arising Out of PS. Case No.-842 Year-2017 Thana- KANKARBAG District- Patna ======================================================

1. Chhotu @ Chotu @ Rishikesh Son of Lalan Kumar Gupta Resident of Mohalla - Ashok Nagar Road No - 14-B, P.S. - Kankarbagh, District - Patna.

2. Ramjee Gupta son of Binod Prasad resident of Mohalla - Chailitand, Police Station - Alamganj, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Dipak For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 506, 504, 290 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in short, is that on the alleged date of occurrence on seeing police force two persons fled away riding on motorcycle after firing and on the spot six persons were caught by the police force.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.52845 of 2018(2) dt.20-09-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case due to previous enmity. The name of the petitioners has transpired in the present case on the disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Smt. Madhvi Singh, J.M. 1st class, Patna in connection with Kankarbagh P.S. case No.842 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T