Chhotu Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15012 of 2021 Arising Out of PS. Case No.-258 Year-2020 Thana- AAJAM NAGAR District- Katihar ====================================================== Chhotu Kewat, aged about 30 years, male, S/o- Mahendra Kewat, R/oArihana, P.S.- Azamnagar (Salmari O.P.), District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2022 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Azamnagar (Salmari O.P.) P.S. Case No. 258 of 2020, dated 18.10.2020, instituted for the offences under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

The petitioner and five to six others are said to have assaulted the members of the prosecution party,

Patna High Court CR. MISC. No.15012 of 2021(2) dt.28-02-2022 2/3 especially the informant. The act of assault is general and omnibus against all the accused persons including the petitioner.

The other accused persons of this case have been granted bail by the learned Court below, but the prayer for bail of the petitioner, perhaps, has been rejected on the ground that there is a further allegation against him of having made attempts at taking the informant inside the house for immoral purposes.

It has been submitted on behalf of the petitioner that the story narrated in the F.I.R. is unbelievable and there is no injury suffered by any person. There is a dispute between the parties with respect to theft of chicken. Considering the nature of accusation against the petitioner and taking into account that thee is no injury to any one of the victims, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.15012 of 2021(2) dt.28-02-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azamnagar (Salmari O.P.) P.S. Case No. 258 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T