Choti Kumar @ Kundan @ Kundan Kumar @ Chhote v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80413 of 2019 Arising Out of PS. Case No.-690 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== CHOTI KUMAR @ KUNDAN @ KUNDAN KUMAR @ CHHOTE Son of Ashok Sah Resident of Mohalla Sanjay Nagar, Jakkanpur, Road No. 4, P.S.- Jakkanpur, District - Patna (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in brief is that husband of the informant was shot at by the accused persons. The husband of the informant having sustained fire-arm injury, was taken to hospital where he died in course of treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-09-2019. Charge sheet has already been submitted. The main allegation is against co-
Patna High Court CR. MISC. No.80413 of 2019(3) dt.19-03-2020 2/2 accused Dabloo and Babloo who are alleged to have fired upon the deceased. The name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 learned Additional Chief Judicial Magistrate-VIII, Patna in connection with Patrakarnagar P.S. Case No. 690 of 2019. (Sudhir Singh, J) A.K.V.//- U T