Raj Manish Kumar @ Chhotu Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5045 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- PIPRA District- East Champaran ====================================================== 1.

Raj Manish Kumar @ Chhotu Kumar @ Chhotu Son of Bhushan Singh Resident of Village - Chintamanpur, P.S.- Pipra, District - East Champaran, Motihari.

2.

Ali Raja Son of Md. Safullah Resident of Village - Watganj, P.S.- Pipra Kothi, District - East Champaran, Motihari.

3.

Munna Kumar Son of Jagar Nath Sah @ Jagganath Sah Resident of Village - Karariya, P.S.- Kotwa, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with Pipra P.S. Case No. 342 of 2022 lodged under Sections 406, 420, 379, 120(B), 34 of the I.P.C. read with Section 7 of E.C. Act.

As per the prosecution case, the F.I.R. has been lodged against 5 named accused persons against whom the allegation was that they in connivance with the truck driver,

Patna High Court CR. MISC. No. 5045 of 2023(2) dt.04-03-2023 2/2 used to extract oil from the tanker and sale the same. Learned counsel for the petitioners submit that antecedent of the petitioners are clean and they are in custody since 27.11.2022. Counsel further submits that there is a gross violation of Section 100 of the Cr.P.C. in the present case. There is no any independent witness and the entire case is false. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. East Champaran, Motihari in connection with Pipra P.S. Case No. 342 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T