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Patna High CourtCR. MISC./79447/2023bail granted

Deepak Kumar@Chippu v. The State Of Bihar

2024-03-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79447 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DEEPAK KUMAR@CHIPPU, SON OF HARE KRISHNA SINGH,, RESIDENT OF VILLAGE- RAMDIRI, NAKTI TOLA, CHOUDHARY PATTI P.S.- MATIHANI, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Town P.S. Case no. 250 of 2023 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that while he was going with his younger brother, four accused persons came their variously armed. It is stated that on the orders of Bikesh Kumar, Kishan Kumar fired on the informant's brother as a result of which he died.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. His name transpired in confessional statement of the co-accused made before police. So far as the contents of the FIR is concerned, the allegations of

Patna High Court CR. MISC. No.79447 of 2023(3) dt.07-03-2024 2/2 firing is specifically on Kishan Kumar. The petitioner is in custody since 21.6.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations levelled in the FIR wherein the specific allegation of firing is on co-accused Kishan Kumar together with the petitioner having remained in custody for 8 months since 21.6.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Town P.S. Case no. 250 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) avinash/- U T