Saroj Kumar @ Chhotu Kumar @ Chhathu @ Chhathu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5013 of 2024 Arising Out of PS. Case No.-169 Year-2022 Thana- SANJHOLI District- Rohtas ====================================================== Saroj Kumar @ Chhotu Kumar @ Chhathu @ Chhathu Yadav S/O Dhanjee Singh @ Dhanji Singh R/O Village- Masona, P.S- Sanjhauli, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 459/2023, arising out of Sanjhauli P.S. Case No. 169 of 2022, dated 23.09.2022, registered for the offences punishable u/ss 394 and 302 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, some unknown miscreants boarded on a motorcycle shot the informant's brother died on the spot and took away Rs. 83,000/-, tab and documents from the dicky of the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.5013 of 2024(4) dt.03-05-2024 2/2 this case. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case on the basis of confessional statement of the coaccused Mantu Kumar @ Ravi Ranjan. Similarly situated coaccused person has already been granted regular bail by this Court vide order dated 23.08.2023 passed in Cr. Misc. No. 37151 of 2023. The petitioner is in custody since 17.01.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with S.Tr. No. 459/2023, arising out of Sanjhauli P.S. Case No. 169 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T