Allowed

Sheikh Chhannu v. The State Of Bihar

Patna HC29 Oct 2015CR. MISC./29255/2015

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner accused of murder and gun offenses under IPC and Arms Act. The court rejected false implication claims based on the petitioner's attendance at a Civil Court filing and ordered release on furnishing a bail bond with conditions.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000/- with two sureties, subject to standard conditions.

Sheikh Chhannu Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29255 of 2015

¶2

Arising Out of PS.Case No. -82 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ====================================================== 1. Sheikh Chhannu S/o Md. Hussain Resident of Village Mauzi, P.S. Hasanpur, District Samastipur (Bihar).
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. A.L.Pandit(App) ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 29-10-2015 Heard the learned counsel for the petitioner, the
learned A.P.P as also the learned counsel for the Informant.

¶3

The petitioner seeks bail in a case for the offences punishable under sections 302 and 34 of the I.P.C and section 27 of the Arms Act.

¶4

Allegedly, the petitioner and others were plucking mango which was objected by the informant and his son and then the accused persons claimed to kill them and thereafter the petitioner started opening fire which hit on the chest of Md. Mobin, the son of the informant, and then again fire was opened which caused his death. The other two miscreants also opened fire upon the informant and others but they fled away. The villagers chased the miscreants but they succeeded in fleeing away.

¶5

Patna High Court Cr.Misc. No.29255 of 2015 (3) dt.29-10-2015

¶6

2/3

¶7

Submission is of false implication and that due to land dispute name of the petitioner has been added in the fardbeyan though from reading of the fardbeyan it appears that out of unknown miscreants one has opened fire. The petitioner is an Advocate and only with oblique motive he has been alleged as an assailant. The petitioner was present in the Civil Court, Rosera on 25.06.2014 and he has filed attendance in Title Suit No. 40 of 2009 with his signature. The other co-accused have been allowed bail by another coordinate Bench of this Court and as such the petitioner who is suffering in custody since 16.04.2015 also deserves sympathetic consideration as now charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the petitioner is the assailant and during investigation witnesses have supported the same. Considering that there is land dispute between the parties and from perusal of photo copy of certified photo copy of the fardbeyan and paragraph-2 of the case diary it reveals that name of the petitioner has been entered subsequently as assailant and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

¶8

Patna High Court Cr.Misc. No.29255 of 2015 (3) dt.29-10-2015

¶9

3/3

¶10

amount each to the satisfaction of Judicial Magistrate, 1^st Class, Rosera, Samastipur in Hasanpur P.S. Case No. 82 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

¶11

(Jitendra Mohan Sharma, J)

¶12

Abhay/-

¶13

U T

Sheikh Chhannu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sheikh Chhannu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh Kumar Sah Vs The State Of Bihar

Chand Mohammad Vs The State Of Bihar

Mantu Singh Vs The State Of Bihar

Ajay Das and Ors. Vs The State Of Bihar

Jaimala Devi Vs The State Of Bihar

Arvind Kunwar Vs The State Of Bihar