Chhotu Kumar @ Matusan @ Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75964 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- BELCHHI District- Patna ====================================================== Chhotu Kumar @ Matusan @ Rajeev Kumar Son Of Kallu @ Dharmendra Yadav Resident Of Village- Lakhachak, Ps- Belchhi, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. Learned counsel for the petitioner is directed to make necessary correction in cause title (father's name of the petitioner) of bail petition in course of the day.
4. The petitioner is apprehending his arrest in connection with Belchhi P.S. Case No. 59 of 2023 dated 08.05.2023 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
5. As per the prosecution case, one country-made pistol and two cartridges of 0.315 bore were recovered from the possession of the co-accused Lachhu Kumar, who disclosed the
Patna High Court CR. MISC. No.75964 of 2023(2) dt.18-12-2023 2/2 name of the petitioner and others, who managed to flee away.
6. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The name of the petitioner has been disclosed by the co-accused Lachhu Kumar. The petitioner is accused in two other criminal as stated in para 3 of the bail petition.
7. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
8. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Barh, Patna in connection with Belchhi P.S. Case No. 59 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
9. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T