Chotu Kumar @ Prahalad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81461 of 2024 Arising Out of PS. Case No.-238 Year-2024 Thana- SILAO District- Nalanda ====================================================== Chotu Kumar @ Prahalad Kumar Son of Shambhu Ram @ Shambhu Prasad Resident of Village- Silaodih, Police Station- Silao, Distt.- Nalanda (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Silao P.S. Case No. 238 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 109 of the Bharatiya Nyaya Sanhita and 27 of the Arms Act.

3. Prosecution case, in short, is that six persons boarded on two motorcycles are alleged to have made indiscriminate firing upon the passerby causing stampede.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case only on the basis of suspicion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made

Patna High Court CR. MISC. No.81461 of 2024(4) dt.18-02-2025 2/2 against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that there is no direct or indirect material against the petitioner. Learned counsel further submitted that no injury has been caused to any person in the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.09.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Silao P.S. Case No. 238 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T