Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12731 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- KARANDAY District- Sheikhpura ====================================================== 1.

CHHOTU KUMAR Son of Chandrashekhar Singh R/o Village - Belchi, P.S.- Karandey, Dist.- Sheikhpura.

2.

Sanjeet Kumar Son of Chandrashekhar Singh R/o Village - Belchi, P.S.- Karandey, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1.

Permission is granted.

Accordingly, the instant application with regard to petitioner no.1 is dismissed as withdrawn.

However, petitioner no.1 is at liberty to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law, without

Patna High Court CR. MISC. No.12731 of 2023(2) dt.19-05-2023 2/3 being prejudiced of the withdrawal of this application. Now, this application is being heard for consideration of anticipatory bail on behalf of petitioner no.2 only. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 379, 504 of the IPC.

Allegation against the petitioner and other accused persons is of assaulting one Chintu Singh.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties. The injury of Chintu Singh was found simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the nature of injury, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks

Patna High Court CR. MISC. No.12731 of 2023(2) dt.19-05-2023 3/3 from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Karandey P.S. Case No.15/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T