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Patna High CourtCR. MISC./81228/2019bail granted

Chhotu Kumar @ Prashant @ Prashant Kumar @ Chhotu v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 81228 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- JAMALPUR District- Munger ====================================================== CHHOTU KUMAR @ PRASHANT @ PRASHANT KUMAR @ CHHOTU Son of Sri Shankar Tanti @ Shankar Kumar Resident of Mohalla - Ramchandrapur, Post and Police Station - Jamalpur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Ambastha For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 302, 201/34 of Indian Penal Code.

It is submitted by the petitioner's counsel that the petitioner's name has been taken by co-accused Subodh Tanti upon his arrest in the instant case. The petitioner is having no criminal antecedent and other than the statement of co-accused, there is nothing on record to connect the petitioner with the occurrence. It is also submitted that investigation is complete and that other co-accused, similarly situated, namely Saiful Kumar @ Saimful Kumar has been allowed bail by this Court in Cr Misc No 74691 of 2019. Petitioner is in custody since

Patna High Court CR. MISC. No.81228 of 2019(3) dt.11-12-2019 2/2 28.07.2019.

Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Jamalpur Police Station Case No 153 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T