Manish Kumar @ Chhotu Singh @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14895 of 2024 Arising Out of PS. Case No.-685 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Manish Kumar @ Chhotu Singh @ Chhotu Kumar Son of Binod Singh Resident of vill.-Matiyara, P.S.-Koilwar, Distt.-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Adv.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 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 Koilwar P.S. Case No. 685 of 2022 dated 01.11.2022 registered for the offences punishable u/ss 341, 323, 325, 379, 307, 447, 504 and 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have snatched Rs. 8000/- of puja offering kept at the place of puja and fled away which was opposed by the informant. On 29.10.2020, when the informant was shopping for the Chatth Puja then the co-accused, Vipul Kumar abused the informant and assaulted him with pistol on
Patna High Court CR. MISC. No.14895 of 2024(3) dt.15-05-2024 2/3 his head with intent to kill and the petitioner assaulted the informant with iron rod due to which his head got injured and leg got fractured. Thereafter, the co-accused, Pintu Singh and Badal Singh snatched Rs. 5000/- and a golden chain from the informant. It is further alleged that the accused persons also assaulted and threatened with pistol and fled away. Thereafter, the informant was taken to the hospital for treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 29.10.2020 and the F.I.R. was lodged on 01.11.2022 after a delay of two years without any explanation. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that there is no injury on vital parts of the body of the informant. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2023.
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 above-
Patna High Court CR. MISC. No.14895 of 2024(3) dt.15-05-2024 3/3 named, 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, Bhojpur at Ara in connection with Koilwar P.S. Case No. 685 of 2022 with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T