Patna High CourtCR. MISC./12703/2024bail granted

Chhotu Thakur @ Chhotu Kumar Thakur v. The State Of Bihar

2024-02-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12703 of 2024 Arising Out of PS. Case No.-44 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Chhotu Thakur @ Chhotu Kumar Thakur S/o- Mahendra Thakur, Resident of Mohalla- Laxmipur, Ward No. 16, Madhepura, P.S.- Madhepura, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP Mr. Mukesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with S.T no.388 of 2023, arising out of Madhepura P.S Case no. 44 of 2023 registered under sections 307, 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code.

3. The earlier application for bail of the petitioner was rejected vide order dated 16.5.2023 passed in Cr. Misc. no.19313 of 2023.

4. As per the prosecution case, over a dispute relating to opening of a shop it is stated that on the orders of co-accused Sonu this petitioner gave a blow with a knife causing injuries on the neck of the son of the informant.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12703 of 2024(2) dt.23-02-2024 2/2 petitioner has been falsely implicated in the case. He is in custody since 14.1.2023 and has no criminal antecedent. Charge-sheet has been submitted in the case. By order dated 16.5.2023, liberty was granted to the petitioner to renew his prayer for bail after six months.

6. The prayer for bail is opposed by learned A.P.P for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner having remained in custody for more than 1 year since 14.1.2023, liberty granted in the earlier order of rejection dated 16.5.2023 and more than 8 months having passed since the said order of rejection, the petitioner is directed to be enlarged on bail in connection with S.T no.388 of 2023 (arising out of Madhepura P.S Case no. 44 of 2023) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Madhepura.

(Partha Sarthy, J) Shiv/- U T