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Patna High CourtCR. MISC./76669/2019bail granted

Chhotu Kumar @ Chhotu Mahton @ Raj Kumar Mahton @ Raj Kumar @ Karka v. The State Of Bihar

2019-12-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76669 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Chhotu Kumar @ Chhotu Mahton @ Raj Kumar Mahton @ Raj Kumar @ Karka, S/o Budhan Mahto @ Budhan Mahton, R/o village- Bihat, TolaBihari, Ward No. 29, P.S.- Barauni (FCI), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Shanker Prasad For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-12-2019 Petitioner seeks regular bail in connection with Barauni (FCI) P. S. Case No. 12 of 2019, registered for the offences punishable under Sections 394, 307, 34 of IPC and Section 27 of the Arms Act.

Prosecution case is that informant who is truck driver, when he reached near the Petrol Pump, three persons came and demanded money and fired on him, causing injury. Petitioner is not named in the F.I.R. It appears from the impugned order that his name transpires on the confessional statement of the coaccused Pawan Kumar. Submission of the learned counsel for the petitioner is that as a matter of fact, earlier brother of the petitioner was arrested by the police, but he was juvenile, as such, he was not

Patna High Court CR. MISC. No.76669 of 2019(2) dt.11-12-2019 2/2 taken into custody and thereafter, petitioner produced. Except confessional statement, there is nothing against him. He is in custody for seven months. It has further been submitted that at the very time, he has been remanded in other cases also. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni (FCI) P. S. Case No. 12 of 2019, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) Sunil Shukla/- U T