Gautam Bharti @ Chandan @ Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71883 of 2019 Arising Out of PS. Case No.-494 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== GAUTAM BHARTI @ CHANDAN @ CHANDAN SAH Son of Late Dinesh Sah Resident of Village - Manjhlapur, P.S.- Muffassil Lakho O.P., DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsels for the petitioner, informant and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the IPC and Section 27 of the Arms Act.

The prosecution case, as per the written report of Birju Thakur submitted to the Station House Officer, Mufassil (Lakho) Police Station, is to the effect that on 20.08.2017 at about 8 P.M., the father of the informant was going to training school when he was shot dead. Subsequently, it was suspected

Patna High Court CR. MISC. No.71883 of 2019(4) dt.06-03-2020 2/3 by the informant that his father has been killed by all the FIR named accused persons including the petitioner. It is submitted by learned counsel for the petitioner that the informant is not the eye-witness to the alleged occurrence. In the background of Money Suit No. 03 of 2014 going between the parties, the suspicion has been raised against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, after going through the case diary, submits that there is no eye-witness to the alleged occurrence, however, the petitioner has been named in the FIR only on the basis of suspicion.

Considering the suspicious nature of accusation, Money Suit No. 03 of 2014 pending between the parties, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Begusarai in connection with Mufassil (Lakho) P.S. Case No. 494 of 2017, subject to the condition as laid down

Patna High Court CR. MISC. No.71883 of 2019(4) dt.06-03-2020 3/3 under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T