Chhoto Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4430 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- Fakuli District- Muzaffarpur ====================================================== Chhoto Kumar S/o Suresh Ram R/o Village- Bhagwatpur, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Fakuli P.S. Case No. 58 of 2024 instituted for the offences under Section 309(4) of the BNS.
3. Prosecution case, in short, is that four unknown miscreants looted the tractor from the informant which was loaded with asbestos.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Tunna Kumar who has already been granted bail by this Court vide order dated 22.04.2025 passed in Cr. Misc.
Patna High Court CR. MISC. No.4430 of 2025(4) dt.24-04-2025 2/2 No. 3660 of 2025. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted tractor or with items which was loaded in the truck. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.10.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court below/concerned Court in connection with Fakuli P.S. Case No. 58 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T