Chhotu Kumar @ Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13966 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== CHHOTU KUMAR @ CHHOTU SINGH, Son of Indrajeet Singh, Resident of Village - Haspura, P.S.- Haspura, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Haspura P.S. Case No. 347 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution, it is alleged that the informant was waylaid by the miscreants and his motorcycle was snatched. During the course of investigation the said stolen motorcycle is alleged to have been recovered from the house of the petitioner. Learned counsel for the petitioner submits that FIR has been lodged against four unknown persons and the petitioner was not named in the FIR and his name transpired in this case during course of investigation only on the statement of some spy. However, there is no recovery of stolen motorcycle

Patna High Court CR. MISC. No.13966 of 2023(2) dt.10-05-2023 2/3 from the possession of the petitioner. The motorcycle recovered from the petitioner is his purchased motorcycle. He has one criminal antecedent in which he is on bail. He is languishing in jail custody since 02.12.2022.

Learned Additional Public Prosecutor appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, the court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court in connection with Haspura P.S. Case No. 347 of 2022 subject to the following conditions:-

1. 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 the Court.

2. Petitioner shall not tamper with the prosecution evidence in any manner whatsoever.

3. In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or

Patna High Court CR. MISC. No.13966 of 2023(2) dt.10-05-2023 3/3 violate any of the conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) saurabhkr/- U T