Chhote Kumar @ Bambam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80736 of 2023 Arising Out of PS. Case No.-177 Year-2020 Thana- CHANDRADIP District- Jamui ====================================================== Chhote Kumar @ Bambam Kumar Son Of Sri Bhola Prasad Singh R/O Village- Noni, P.S.- Chandradeep, Dist.- Jamui ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr. Thakur, Advocate Ms/Mrs. Vaishnavi Singh, Advocate Mr. R.Thakur, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, A.P.P.

Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner seeks bail in Chandradeep P.S. Case No. 177 of 2020, registered for the offence punishable under Sections 302, 120(B), 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, on 29.12.2020 at about 9.00 AM while the husband of informant was returning his home, four FIR named accused persons and three unknown accused persons opened fire from their respective pistols due to

Patna High Court CR. MISC. No.80736 of 2023(6) dt.09-08-2024 2/3 which three bullets entered into his body causing his death.

4. It is submitted on behalf of the petitioner that the informant is co-villager, so he was acquainted with the petitioner still he did not name the petitioner in the FIR and for the first time after five months of the occurrence name of petitioner has come in the case during course of investigation that only on the material that some of the villagers saw the petitioner fleeing from the scene of occurrence at the relevant time. Informant's husband (deceased) was carrying six criminal antecedents and got enmity with several persons he might have been killed by his enemy. Morever, informant is not eye-witness of the occurrence. Charge sheet has already been submitted and petitioner is in custody since 5.8.2023. Co-accused, with similar allegation, has already been allowed regular bail by this Court vide paragraph 16 of the bail petition.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial

Patna High Court CR. MISC. No.80736 of 2023(6) dt.09-08-2024 3/3 Magistrate I, Jamui in Chandradeep Police Station Case No. 177 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T