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Patna High CourtCR. MISC./85492/2023dismissed

Chuhwa Nishad @ Santosh Kumar Chuhwa @ Santosh Mahto v. The State Of Bihar

2024-01-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85492 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- MARANCHI District- Patna ====================================================== Chuhwa Nishad @ Santosh Kumar Chuhwa @ Santosh Mahto S/o Birmani Nishad R/o village-Simaria Ghat, Bind Toli (Kasaha Diara), P.S-Chakia, District-Begusarai. At present Kasaha Diara Simariya Ghat, P.S-Maranchi, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Maranchi P.S. Case No. 83 of 2023 for the offence under sections 302, 386 and 34 of the I.P.C. and section 27 of the Arms Act lodged on 01.07.2023 by the informant, Bharat Nishad.

3. As per the prosecution case, the allegation is that at the time of fishing, some scuffle took place whereafter firing took place, one of which hit the back of his son who died on the spot. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the main allegation is against Vikash Kumar, they have been named in the FIR.

Patna High Court CR. MISC. No.85492 of 2023(2) dt.29-01-2024 2/2

5. Learned APP, on the other hand, submits that not only there has been a killing, the petitioner is named in six criminal cases, two of which are under section 307 while one relates to section 302 of the IPC.

6. The petitioner is named in the FIR, a killing has taken place, he has criminal antecedent, it would be appropriate that he surrender and move for bail.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) kiran/- U T