Chhoti Singh @ Chhoti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10544 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- MARANCHI District- Patna ====================================================== Chhoti Singh @ Chhoti Kumar, aged about 24 years, Male, Son of Muso Singh Resident of Village - Rampur Dumra, P.S- Maranchi, Dist- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Maranchi P.S. Case No. 101 of 2018 registered for the offences punishable under Sections 147, 148, 149, 342, 323, 326, 307, 353 of the Indian Penal Code. It is alleged in the written report that police got information that in protest against arrest of FIR named accused of Maranchi Pachmahal O.P. P.S. Case No. 100 of 2018, relation of accused Manish Kumar and 40-50 male and females had blocked the road.
It has been submitted on behalf of the petitioner
Patna High Court Cr.Misc. No.10544 of 2019(2) dt.21-02-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case only on suspicion. Petitioner was said to be one of the members of mob. Petitioner is not named in the F.I.R. Similarly placed co-accused has been granted bail by co-ordinate bench of this court vide order dated 17.01.2019 passed in Cr. Misc. No. 756 of 2019. Petitioner has no criminal antecedent and is in custody since 11.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-IV, Barh, District- Patna, in connection with Maranchi P.S. Case No. 101 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
Patna High Court Cr.Misc. No.10544 of 2019(2) dt.21-02-2019 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T